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(영문) 부산지방법원 2018.07.10 2018가단303857
건물등철거
Text

1. The Defendants:

A. Of the size of 135.4 square meters in Busan Jin-gu E, Busan, 15, 15, 14, 13, 17, 16, and 15.

Reasons

1. Facts of recognition;

A. Plaintiff A is each owner of the Plaintiff’s land owned by Plaintiff A or the Plaintiff’s land owned by Plaintiff B (hereinafter “Plaintiff-owned land”) of 135.4 square meters for Busan Jin-gu E, Busan, and 8.5 square meters for F. F, and Plaintiff A owns five floors of reinforced concrete structure on the ground and one household (one household).

B. G owned land adjacent to the Plaintiff’s land, H 76.5 square meters and I 1.6 square meters (hereinafter “G-owned land”), and the ground reinforced concrete and brick sloping roof, five residential facilities and single house (one household) (hereinafter “G-owned building”).

C. G was installed on the first floor of the part of “B”, which connects each point of the attached Form 15, 14, 13, 17, 16, and 15, among the Plaintiff’s land and the Plaintiff’s land that were used as an outdoor parking lot, and the part of “B”, which connects each point of 5, 6, 7, 8, 9, 13, 14, 15, and 5, among the Plaintiff’s land and the Plaintiff’s land, and the part of “D”, which connects each point of 5, 6, 7, 8, 9, 13, 14, 15, and 7.2 square meters (hereinafter “the part”), on the ground surface of the same map. D.

The Defendants purchased G-owned land and buildings from G on November 1, 2010, and completed the registration of ownership transfer on December 3, 2010, with respect to one-half shares of G-owned land and buildings, and occupied and used by G-owned land and buildings on December 3, 2010, and one-half shares of a garage installed on the first floor of “B” and “D”, and the two-story position panel buildings installed on the second floor.

[Reasons for Recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 5, 7, and 8 (including branch numbers; hereinafter the same shall apply), the result of a survey and appraisal by an appraiser, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants are the owners of “B”, barring special circumstances.

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