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(영문) 춘천지방법원 속초지원 2017. 8. 8. 선고 2015가단3527 판결
건물철거 등
Cases

2015dan3527 Removal, etc. of a building

Plaintiff

1. A;

2. B

Defendant

1. C

2.D

3.E

4.F

5G

Conclusion of Pleadings

July 11, 2017

Imposition of Judgment

August 8, 2017

Text

1. The Defendants, with 1/5 shares of each of the plaintiffs, remove a brick studio on the ground of 75 square meters in line with each of the items listed in the attached Form 41,42, 43,44, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, and 41 in line with each of the above items, and deliver the land of the above 'C' portion.

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

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Facts of recognition;

The following facts are deemed to have no dispute between the parties, or to have no dispute, or to have been recognized in full view of the entries (including the serial number) in Gap evidence 1 through 5, the results of the survey appraisal in this Court, and the purport of the entire pleadings.

A. The Plaintiffs share the Plaintiff’s 714/792m2 (hereinafter “instant land”) in the proportion of the Plaintiff’s 714/792 shares, and the Plaintiff’s 78/792 shares.

B. The Defendants jointly inherited 1/5 shares each of the instant 1/5 shares in the ship connecting each point of the 41, 42, 43, 44, 10, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, and 41 of the attached drawings among the instant land by the deceased I (Death on February 2, 2013).

2. Determination

According to the above facts of recognition, the defendants have a duty to remove the housing of this case, and deliver the land of this case to the plaintiffs, 1/5 shares, 1) and 3).

3. Conclusion

Therefore, since the plaintiffs' claim against the defendants of this case is well-grounded, it is decided as per Disposition with the acceptance of all of them.

Judges

Judges Training and Vice-Appellant

Note tin

1) The duty of co-inheritors to remove a building is an indivisible obligation in its nature, and each co-inheritors bears the duty to remove the building within the extent of their respective shares (see, e.g., Supreme Court Decision 80Da756, Jun. 24, 1980).

Site of separate sheet

A person shall be appointed.

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