logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2020.01.14 2019가단50917
건물등철거
Text

1. The plaintiff

A. Defendant B and N:

B. Defendant E, F, G, H, I, J, K, L, M,O, R, P, and Q are inherited from the net S.

Reasons

1. Claim against Defendant B, N, C, and D

(a) Indication of claims: as shown in the Attached Form of Claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 through 6 (including paper numbers), Eul evidence Nos. 1 and 2 against the remaining Defendants, the Plaintiff is the owner of T-752 square meters (hereinafter "Plaintiff's land"), and the network S (hereinafter "the network") is the owner of each building listed in the separate sheet located in the Plaintiff's land (hereinafter "the building in this case"), and Defendant E, F, G, G, H, I, H, K, K, M,O, R, P, and Q are the final successors of the deceased's share in the attached sheet of inheritance (refer to the grounds of claim). The above Defendants reported qualified acceptance as to the deceased's property inheritance (see the attached sheet), and there is a fact that the deceased reported qualified acceptance as to the deceased's property inheritance (the Gancheon District Court Decision 2019Hu139 and 147, 2019 order 147).

According to the above facts of recognition, the above defendants put the limitation on "within the scope of property inherited from the deceased" on the ground that the above defendants' obligation to remove the building of this case and deliver the land within the scope of property inherited from the deceased, but it is difficult to deem that there is no possibility to perform their obligations from the heir's own property, not inherited property, at the time of execution such as removal, etc.

The building of this case shall be removed with respect to the share in each attached inheritance share sheet, and the land of the plaintiff shall be transferred.

Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.

arrow