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(영문) 춘천지방법원 속초지원 2018.05.04 2017가단1266
건물철거 및 토지인도
Text

1. The Plaintiff, Defendant A with respect to the share of 7/10, Defendant B with respect to the share of 3/10, and Defendant B with respect to the share of 3/10, 509 square meters in Seocho-si.

Reasons

1. Basic facts

A. On December 31, 2009, the Plaintiff completed the registration of ownership transfer with respect to C & 509 square meters (hereinafter “instant land”).

B. On September 22, 2015, the Defendants completed the registration of ownership transfer at the ratio of 7/10 to 7/10 to Defendant A, and Defendant B at the ratio of 3/10 to 3/10 to 3/10 to 4th floor accommodation facilities and neighborhood living facilities (hereinafter “Adjoining building”).

C. Part of the adjoining building is 11 square meters (hereinafter “instant (b) land”) connected in sequence to each point of the items indicated in the annexed drawing Nos. 6, 7, 8, and 6 among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4 (including paper numbers), and the result of the appraisal commission to the Northbuk-dong Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the facts of the above recognition, with respect to the Plaintiff, Defendant A is obligated to remove the part of the neighboring building, over which the land of this case (b) is invaded, and to deliver the land of this case (b) with respect to the share of 7/10, and the share of 3/10.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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