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(영문) 대전지방법원 2017.02.15 2016가합100373
건물철거
Text

1. As to the portion of 1/4 shares, the Defendant shall indicate the Plaintiff with respect to the portion of 825 square meters in Sejong Special Self-Governing City C, and the attached appraisal map 3, 4, 5, 5.

Reasons

1. Facts of recognition;

A. The land of Sejong Special Self-Governing City is owned by the Plaintiff, and D was owned by the building of 61 square meters of the ground structure (hereinafter “the building of this case”) in sequence connected with each of the items in the attached Table 3, 4, 5, 6, and 3 on the ground of the said land without the Plaintiff’s consent. D constructed and owned a building of 61 square meters of the ground structure (hereinafter “the building of this case”) with the same appraisal map attached to (b) section 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 7.

(Case Number 2013 A. 100373 stated in the appraisal is a clerical error in the "2016 A. Ma100373".

D The deceased on July 8, 2015, and the defendant, E, F, and G are heirs as their own consciousness.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The judgment of the defendant is the one of the inheritors who inherited the building of this case from D, and owned the 1/4 shares of the above building, and occupies the land of this case as the site.

The Defendant is obligated to remove the instant building and deliver the land to the Plaintiff who is the owner.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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