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(영문) 춘천지방법원강릉지원 2019.01.15 2016가단55680
건물등철거
Text

1. The Defendants indicated in the attached Form 1 Map No. 27, 28, 29, 30, 31, 32, 33, 34, among the land size of 13,164 square meters in Samcheon-si, Gangwon-do.

Reasons

1. In full view of Gap evidence Nos. 1, 3, and 9 (Partial number omitted; hereinafter the same shall apply)'s written evidence Nos. 2, 10, and 11 and Gap evidence Nos. 2, 10, and 11, the result of this court's verification and the result of appraisal by the Korea Land Information Corporation and the overall purport of the pleadings as to the appraisal by the appraiser E, the plaintiff established the right to own land for 8 buildings, including D, 13,164 square meters (hereinafter "the land in this case"), which the plaintiff has a co-ownership share, for 3,164 square meters (hereinafter "the land in this case"). The plaintiff is the co-owner of the above aggregate building in this case, and the defendant C is the co-owner of the above aggregate building in this case and the co-owner of the above land in this case, and the defendants are the co-owner of each of the above land or the co-owner of each of the above land in this case without any special circumstances.

(2) On the other hand, the defendants' claim as to the defendants' assertion is an abuse of rights under the proviso of Article 265 of the Civil Act, Article 16 (1) of the Act on the Ownership and Management of Aggregate Buildings, and Article 16 (1) of the Act on the Ownership and Management of Aggregate Buildings. The defendants' claim as to the plaintiff's claim as to the act of preserving common or common areas is for the purpose of causing pain or damage to the defendant, or is contrary to the social and economic purpose of the right.

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