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(영문) 대구지방법원영덕지원 2020.05.26 2019가단1126
건물철거 및 토지인도
Text

1. The Plaintiff:

A. As to the shares of Defendant B, C, D, E, and F, 13/91, Defendant H with respect to the shares of 3/91, Defendant I, and Defendant I.

Reasons

1. Determination as to the claim against Defendant F

A. The fact of recognition 1) The network N is about 321 square meters (hereinafter “instant land”) around 1940, 1940, in the Seoul Special Metropolitan City, Ulsan-gun.

2) Of the instant housing on the ground of 49.4 square meters on the 49.4 square meters of land, a wooden boat roof single-story housing (hereinafter referred to as “instant housing”).

(2) The network N died on February 27, 1991, and Defendant F inherited the share of 13/91 of the instant housing ownership in accordance with the statutory share of inheritance.

3) The Plaintiff completed the registration of ownership transfer for the instant land on May 29, 191. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.]

B. According to the above facts as to the cause of the claim, the Defendant, who is the owner of the share 13/91 of the instant house, is obligated to remove the share of 13/91 of the instant house to the Plaintiff, who is the owner of the instant land, and deliver the portion of the instant house out of the instant land.

C. As to Defendant F’s assertion, Defendant F asserted that Defendant F is entitled to possess the instant house as an owner of the 13/91 share of the instant house, and thus, he/she sought dismissal of the instant claim. However, even according to Defendant F’s assertion, Defendant F does not have the right to possess the instant land, since Defendant F had the right to possess the instant house, and it does not have the right to possess the instant land. Therefore, Defendant F’s above assertion is without merit.

2. Determination as to claims against the Defendants other than Defendant F

A. The Plaintiff, the owner of the instant land, indicating the claim, sought removal of the instant housing and delivery of the portion of the instant housing site among the instant land, as the respective shares of the said Defendants, to the said Defendants, who are the owners of the instant housing.

In addition, from August 1, 2016 to July 1, 2019 to Defendant C, E, and K, unjust enrichment equivalent to rent for the instant housing site among the instant land, and from the following day to the date of removal of the instant house from the date of serving a written application for alteration of claim and cause of claim filed on December 13, 2019.

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