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(영문) 춘천지방법원강릉지원 2017.11.14 2017나30801
건물철거 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. On November 30, 2015, the Plaintiffs purchased 268 square meters and 175 square meters from H-si, Gangnam-si, and completed the registration of ownership transfer with respect to each 1/2 portion on February 29, 2016.

B. The Defendant C newly constructs and owns a building on the ground level of 42 square meters on the part of the attached drawing No. 10, 11, 7, 8, and 10 among F land (hereinafter “instant land”). The part of item (a) in the ship which connects each point of the same map No. 1, 2, 3, 4, 11, 10, 8, 9, and 11 in sequence and connects each point of the same map No. 1, 2, 3, 4, 10, 8, 9, and 172 square meters among the land No. 1 of this case (hereinafter “instant land”). The Defendant C occupies the part of item (a) in the ship which connects each point of the same map No. 11, 4, 5, 6, 7, and 11 in sequence, as a dry field.

C. Around April 2006, Defendant D and Defendant E purchased a warehouse located on the ground (hereinafter “instant warehouse”) located in G land (hereinafter “instant land”) located in G in the order of each of the items indicated in the separate drawings Nos. 2, 3, 18, 17, 16, 16, 15, 8, 9, 14, 13, 12, and 2, which successively connected each of the items in the separate drawings No. 2, 3, 18, 17, 16, 15, 8, 9, 14, 13, 12, and 2, and 4,5,6, 19, and 4 of the same drawings (hereinafter “the instant building”) located in the ship, and used a dry field of 6m2,000 square meters connected each of the items in sequence with the same drawings 3,4,19, 18, and 3.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-2, Gap evidence 3, the result of appraisal commission to the Korea Land Information Corporation of the first instance court, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, Defendant C is obligated to remove the building No. 1 on the ground from among the land No. 1 on the surface of this case (b) of this case, and deliver the above land and the field No. 1 (a) of the above land and the part of the data processing system on the ship, and the part of the data processing system on the ship, and Defendant E is obligated to deliver the above land No. 2 on the ground of the land No. 2 on the ground of

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