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(영문) 의정부지방법원 2020.02.18 2017가단132076
건물명도(인도)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The 7,980-08-14 1995-06-23 1997-07-26 2001-09-06 of the date of registration of change in the name of registration of the 7,666 square meters in Gyeonggi-gu, Gyeonggi-gu, the 1990-12-11 inheritance of 1990-12-11 on December 11, 1990, the 15,980 shares were transferred to K and the plaintiffs (D, C, E, F, A, and B) for the same reason. The remaining shares were transferred to K, S, T, U, V, W, and X for the same reason.

Land 197-07-25 is divided into 1,31 square meters prior to M and 7,666 square meters prior to the instant I, and the above L 1,331 square meters prior to M are jointly owned by six other persons, and the instant land was jointly owned by K and the Plaintiffs.

201-09-04 Gifted by Registered Titleholder JK and 6 L, etc., 7 Plaintiffs (1/7 shares each 1/7 shares each), Plaintiffs (1/6 shares each 1/6 shares each), and K donation of land I after the split-off of land M before the split-off.

(b) Defendant H, 1980-08-14, 1987-08-13 1994-05-30 201-17 on the date of registration of change in the name of registration of 410 square meters in N, 1987-08-12, 1987-08-12, 1994-05-27, 2016-11-24, registered titleholders JO (the wife of QR)

C. (1) N land owned by the Defendants is completely surrounded by the Plaintiffs’ land.

B. The building of this case, including “soil and assembly-type building” (hereinafter referred to as “the building of this case”) prior to the extension and reconstruction of the existing “sultolu and assembly-type building” as the yellow soil and assembly-type building on the attached sheet indicating the appraisal map possessed by the Defendants, is located in the part on the ship with the indication of the attached sheet in the attached sheet No. 1 (hereinafter referred to as “the part on the issue of this case”).

[Evidence A] Evidence Nos. 1 through 6, 10, and the result of appraisal

2. As to the main claim

A. (1) The Defendants without title occupy the building of this case in which the Plaintiffs jointly own without title, claiming the delivery of the building of this case.

B. The instant building that the Defendants asserted is aware that the net J existed in N land and donated together with N land.

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