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(영문) 광주지방법원 2015.01.27 2014가단1855
건물철거 및 토지인도청구
Text

1. The indication of the attached drawings among the 538.9 square meters in Gwangju Dong-gu F, Gwangju-gu, and the Plaintiff:

(a) Defendant B shall be 2, 3, 4, 7, 6.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Dong-gu Seoul Special Metropolitan City F. F. 538.9 square meters (hereinafter “instant land”).

B. The Defendants are the owners of the land adjacent to the instant land and the building on its ground. Some of the Defendants’ owned buildings occupy each of the instant land beyond the boundary of the instant land and part of the instant land. The details are as follows and as indicated in the separate sheet and the separate sheet.

The Defendants’ name, land owned by the Defendants, and the current use of the building owned by the Defendants: G 134.2 square meters and the second floor of the building on the ground of this case in Gwangju Dong-gu, Gwangju-dong, G 134.2 square meters: The second floor of H pharmacy: Bal spirit and Order 1-A (C) part 8.1 CI. 24.2 square meters and I.O. and one lot of land on the ground, non-party 1-B(b) and 4.9 Lb. 395.8 square meters and one story of the above ground buildings, Moba-story and one story owned by the Defendants: the purport of paragraph (b) of this case’s 1-9 Lb. 395.8 square meters and the part of paragraph (b) of this case’s Mabio-story and one story’s 15.5 DN 212.7 square meters, and the purport of the court’s appraisal on the ground of this case’s order 12-5.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Plaintiff seeking the removal of interference as the owner of the instant land. Of the instant land, Defendant B is obligated to remove each of the above above ground buildings in (c), Defendant C’s (b) and (f), Defendant D’s (e), and Defendant E’s (d) and deliver each of the above land.

B. The Defendants’ determination on the abuse of rights defenses by the Defendants did not have the benefits the Plaintiff obtained due to the claim in this case, while the Defendants, as the Defendants, have removed the buildings owned by the Defendants for not less than 20 years.

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