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(영문) 대구지방법원 2015.09.04 2014가단124804
토지인도
Text

1. The Defendants are in turn indicated in the separate sheet No. 1,2,3,4,1 among the land size of 3042 square meters in Daegu Jung-gu, Daegu-gu.

Reasons

1. The plaintiffs' claims are Daegu Jung-gu, an aggregate building.

H. Each sectional owner of the above ground I shall seek the removal of the facilities stated in the purport of the claim and the delivery of the instant land from the Defendants who occupied and used without permission the land stated in the above claim, which is a common part of the said aggregate building (hereinafter referred to as the “instant land”).

The defendants acknowledged the facts that the plaintiffs are sectional owners of the above aggregate building and the defendants established the facilities stated in the purport of the claim on the land of this case, which are common areas, and are engaged in sales business, such as figures and miscellaneouss. Thus, barring special circumstances, the defendants are obligated to remove the facilities on the land of this case and deliver the land to the plaintiffs.

2. Judgment on the defendants' assertion

A. Defendant G has occupied and used the instant land for not less than 20 years, and Defendant F has been occupying and using the instant land for not less than 10 years, and sectional owners, including the Plaintiff, have recognized or allowed the Defendants’ possession and use, but it does not obtain the Plaintiffs’ right to occupy and use the said land for a long time as there is no evidence that the Plaintiffs have approved or allowed it, and thus, the Defendants

B. Defendant F is not a store owner, but a joint use of the instant land with Defendant G. However, insofar as the instant land is jointly used and facilities are installed on that ground, the Plaintiffs, who are sectional owners, can seek the delivery and removal of the facilities. Therefore, this assertion by the Defendants is unreasonable.

C. The Defendants: “The instant land was originally made a chemical and spawned on its ground, but it was removed and set up as sub-stores the instant land, and the other sectional owners approved this construction, and the I had been supported by the prosperity.” and “The instant land was handed over.”

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