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(영문) 의정부지방법원 2016.09.21 2015가합56670
건물등철거
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. There are buildings listed in paragraphs 2 through 4 of the attached list No. 1, the upper floor of the building owned by the Plaintiff A, and Defendant D is the building listed in Paragraph 2 of the same list, Defendant E is the building listed in Paragraph 3 of the same list, Defendant F is the owner of the building listed in Paragraph 4 of the same list.

In addition, there are buildings listed in Section 6 to Section 8 of the attached Table No. 5, which are owned by the plaintiff B and C, and the defendant G is each owner of the buildings listed in Section 6 of the same Schedule No. 7, the defendant H and I, the defendant J and K are the building listed in Section 8 of the same Schedule.

B. Among the first floor of each building listed in the original attached list, the part in the ship connecting each point in sequence of Nos. 1, 6 No. 1, 2, 3, 4, 5, 6, 7, 7, 8, and 1 of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the attached Form No. 2 through No. 5, 7 through No. 10-1, 2, 3, 4, and 1 of the attached Form No. 2 through No. 4 of the above building was uninboard without outer wall, but the whole owner of the plaintiffs and the defendants acquired the ownership of each building listed in No. 1 and 5 of the attached Form No. 1, 5 of the amended status.

C. Meanwhile, in around 2015, the City/Do government conducted a safety inspection of the buildings listed in the separate sheet. As a result, the instant extension of the building was extended to the Plaintiffs and the Defendants without filing a construction report, and accordingly, sent a prior guide stating that the building coverage exceeds that stipulated in the relevant statutes.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and fact-finding conducted at the time of this court's inquiry, the purport of the whole pleadings

2. Determination

A. Of the part of the building owned by the plaintiffs, the part of the building owned by the plaintiffs, which connects each point of the annexed drawings 1, 6 marks 1, 2, 3, 4, 5, 6, 7, 8, and 1, falls under the part of the owner of the first floor.

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