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(영문) 대구지방법원안동지원 2020.06.03 2019가단142
건물등철거등
Text

1. As to the Plaintiff, Defendant B and D’s respective shares of 1/4, and Defendant C’s respective shares of 2/4, respectively, is of 126 square meters in Ansan-si.

Reasons

1. Basic facts

A. On January 29, 199, the Plaintiff completed the registration of ownership transfer with respect to E large scale 126 square meters (hereinafter “instant land”).

B. On September 16, 1960, F completed the registration of transfer of ownership with respect to G 28 square meters (H 50 square meters on March 31, 1990, and I large 17 square meters on a merger with G 160 square meters; hereinafter the above G 160 square meters is referred to as “instant adjacent land”) and its ground buildings (hereinafter referred to as “instant adjacent building”).

C. Upon the death of F, Defendant B, Defendant C, and J, and K completed the registration of ownership transfer on October 24, 1998 with respect to the adjoining land and adjoining buildings of this case, due to inheritance by consultation and division on December 23, 1998.

After December 13, 2006, J completed the registration of ownership transfer with respect to the shares of 1/4 K on December 13, 2006. Defendant D and C completed the registration of ownership transfer with respect to each share of 1/4 of J on June 11, 2010, Defendant B and D shares, and Defendant C share the shares of 1/4 shares and 2/4 shares.

In the order of 10, 11, 12, 13, 8, 9, 100 square meters of the land of this case, which is part of the neighboring building of this case, the area is located on the ground of 7 square meters of the part on board (c) part of the adjacent building of this case, which is located on the ground of 7 square meters of the attached Table.

The Defendants occupy and use the land of 11 square meters in part (b) in the ship (hereinafter “instant part”) connected with each point in sequence of 1,2,7,13,8,9,10,000 square meters in the same appraisal map as the neighboring building site, etc.

[Ground] Evidence Nos. 1 and 12, the result of the survey and appraisal on the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff seeking the exclusion of interference based on ownership; Defendant B and D with respect to each share of 1/4; Defendant C with respect to each share of 2/4; and Defendant C with respect to each share of 2/4, with respect to each share of 2/4, remove the attached appraisal in the attached Form 3 (c) external walls and brick buildings; and the land in the instant part.

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