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(영문) 서울서부지방법원 2016.01.13 2014가합7254
건물철거 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were co-owners of Seodaemun-gu Seoul Metropolitan Government O 2531.9 square meters (hereinafter “the instant land”). Plaintiff A and B purchased P shares out of the instant land on October 16, 2012 and became a right holder of the right to share 290672930/29300, respectively, of the instant land. Plaintiff C and D, together with Q and P, sold all shares owned by the Seoul Western Central Market Co., Ltd. on December 21, 2009 and became a right holder of the right to share 28942035897 and 25761329300/2930 of the instant land.

B. The Defendants are some of the sectional owners among the stores located in each building listed in the real estate list on the ground of the instant land.

Details of the possession of the Defendant

1. Appendix 2. Serial 1 of the real estate list;

2. List 2 through 5 of the F lines;

3. List 6 through 12 above list G;

4. A list of H 13 2/7 shares.

5. I 2/7 Shares

f. J 3/7 Shares

7. The title 14 through 19 1/2 equity in the list of K.

8. Serial Nos. 14 through 19 1/2 equity in L List No. 201/2

9. M No. 20 1/2 equity 10. P No. 21

C. Meanwhile, the instant redevelopment project was publicly announced on May 29, 2007 and the approval of the management and disposal plan on February 12, 2008, respectively, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5 (including branch numbers in the case of additional number), Eul 4 and 5, the result of the request for surveying and appraisal by appraiser R, the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that the Defendants occupied and used the land of this case owned by the plaintiffs through their respective stores without permission, and sought removal of each building and delivery of its part of the land as stated in the separate sheet No. 1 as stated in the "Claim after Alteration", and the plaintiffs acquired the ownership of the land of this case.

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