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(영문) 인천지방법원 2018.08.03 2017가단250546
토지인도
Text

1. The plaintiff (appointed party) and the AppointedO:

A. Defendant C, D, Defendant (Appointed Party), Appointed P, Q, R, S, T, U, and V are:

Reasons

1. The judgment as to the Plaintiff’s claim against Defendant C, D, E, and H (designated parties, Defendant N, Defendant N’s designated parties, and Defendant N’s designated parties)

A. As to the land listed in Attachment 2 List No. 1 (hereinafter “instant land”), the Plaintiff is currently holding 1/4 shares and 3/4 shares in common.

A building listed in Annex 2 List 2 (hereinafter “instant building”) on the ground of the instant land was newly constructed upon obtaining permission for construction in around 1996. At the time, the instant building was owned by network W, Defendant C, D, and network X (Death, March 21, 2016), each of which was owned by 1/4 shares.

The building of this case occupies the land of this case, which is its site. The 1/4 share of the network X on the building of this case is owned jointly by the Defendant N and the Defendant’s designated parties, among the shares of the Defendant of the attached Table 1, as indicated in the respective Defendant’s share column.

Defendant E and H are currently the occupants of buildings that are currently residing in the instant building.

[Ground of Recognition: The plaintiff and defendant N: The non-contentious facts and the defendant D and H under Article 150(3) and (1) of the Civil Procedure Act: The parties between the plaintiff and defendant E: The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings)

B. According to the above facts, the building of this case itself occupies the land of this case, which is its site, unless the above Defendants asserted and prove the special circumstances, such as the source of right to possess the building, and thus, the owner of the land of this case and the designated owner of the land of this case, ① Defendant C, D, N, and the designated owner of the land of this case, are obligated to remove the building of this case, and deliver the land of this case to the owner of the land of this case among the shares of each Defendant in attached Form 1.

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