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(영문) 대구지방법원 2018.06.14 2017가단18252
건물철거등
Text

1. The Defendant points out that the Plaintiff indicated in the attached Form 7, 8, 9, 10, 11, 15, 16, and 7 among the land size of 82 square meters in Daegu Jung-gu.

Reasons

1. Facts of recognition;

A. On May 8, 2017, the Plaintiff purchased from D, Daegu-gu, Daegu-gu, 82 square meters (hereinafter “Plaintiff’s land”) and building on its ownership, and completed the registration of ownership transfer concerning the above land and building on the 18th of the same month.

B. On July 16, 2004, the Defendant and Sig E completed the registration of ownership transfer on each of the 1/2 shares of the 1/2 shares of the Daegu-gu F. 26.4 square meters, the G. G. G. 96.5 square meters (hereinafter “Defendant land”) adjacent to the Plaintiff’s land, and the F.G. 15 square meters, 15 square meters, 15 square meters, 7 square meters, 5 square meters, 5 square meters, 5 square meters, and 1/2 square meters, 5 square meters, 5 square meters, 5 square meters, 5 square meters, and 8 square meters, 2004 (hereinafter “Defendant building”).

On the other hand, H, the father of the defendant, completed the registration of ownership preservation on the defendant building on December 27, 1975.

C. Among the Plaintiff’s land, the portion of the “B” portion of the Plaintiff’s land connected with each point of 7, 8, 9, 10, 11, 15, 16, and 7, among the parts of the “B” portion of the “B” land, which are collectively connected with each point of 3, 4, 5, and 3 square meters of the same drawings among the Defendant’s buildings and the land of 8.4 square meters and 8.4 square meters of the same drawings among the Defendant’s buildings, the portion of the “c” portion of the “C” portion of the Defendant’s building is constructed with 1.3 square meters of a wooden string roof store among the Defendant’s buildings, and each of the above

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the result of this court's request for surveying and appraisal to appraiser I, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the determination on the cause of the Plaintiff’s claim, the Defendant, a co-owner of the Defendant’s building, is obligated, barring any special circumstance, to remove 8.4 square meters of the Plaintiff’s land property “bbb” part on the ground, and 1.3 square meters of the Plaintiff’s land “cockb” part on the ground, and to deliver the Plaintiff’s land “bb” part and “cock” part, barring special circumstances.

The removal of the article jointly owned is sought.

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