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(영문) 대구지방법원안동지원 2020.10.28 2019가단23411
건물등철거
Text

1. The defendant is against the plaintiffs:

A. Of the 1,695 square meters per Dong-si, the attached appraisal marks 37, 38, 39, 40, 36, and 37 shall apply.

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiffs are co-owners (each of the 1/3 shares) of the E preceding 1,695 square meters (hereinafter “instant E”) in Ansan-dong-si. The Defendant is the owner of F large-scale 328 square meters (hereinafter “instant F”) adjacent to the said land and the second floor building (hereinafter “instant building”).

(2) Of the instant E land, the instant building is located under the exterior wall of the building by cutting off the roof of the building with one square meter in sequence, which connects each point of the (i) part of (ii) attached Table 37, 38, 39, 40, 36, and 37, among the instant E-land, to each point of (ii) of the attached Table 1, 42, 43, 44, 35, 41, 39, 38, 37, and 1, which connects each point of (ii) part of (iii) of the attached Table 1, 42, 43, 34, 35, 36, 40, 39, 41, 35, and 36.

As a result, the Defendant occupies and uses the land of the above (1), (2), and (3) (hereinafter referred to as “the instant flooded land”) as the site for the instant building.

[Ground] Evidence Nos. 1 through 6, the result of each survey and appraisal on the branch office of the Korea Land Information Corporation, the purport of the whole pleadings

B. Unless there are special circumstances to determine, the Defendant, as the owner of the instant land, is obligated to remove each of the following: (a) the roof of the instant land building; (b) the cement block on the said part; and (c) the surface outer wall of the above (c) part; and (c) the outer wall of the instant land; and (c) the Defendant is obligated to deliver the instant sed land.

2. Judgment on the defendant's assertion

A. (1) In fact, the Plaintiffs filed a lawsuit against the Defendant on April 4, 2019 to confirm the right to passage over surrounding land of this case regarding F in order to pass the land of this case on a contribution from the land of this case.

(B) With respect to the instant case of assault against Plaintiff B’s Defendant, Plaintiff B and the Defendant on April 12, 2019 and the instant land E and the instant land of 3:1.

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