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(영문) 인천지방법원부천지원 2016.10.06 2016가단106195
토지인도
Text

1. The Defendants are not less than 16,325 square meters of land for factory in Yacheon-gu, Busan Metropolitan City.

(a) an indication of the annex drawings 37, 38, 39, 40, 21.

Reasons

1. Facts of recognition;

A. The Plaintiff 1/4 shares, D1/4 shares, E 1/4 shares, F1/8 shares, Defendant A1/8 shares, and the ownership of the land for factory in Yacheon-gu, Yacheon-gu (hereinafter “instant land for factory”).

B. Defendant A, among the land for factory in the instant case, installed and used a temporary building (the steel fence connected each point of 40, 21, 22, 37, and 38 on the ship that connects each point of 37, 38, 39, 40, 21, 22, 22, and 37 on the attached drawing indicating the attached drawing, which is adjoining to the road (hereinafter “instant land”) and a mooring facility, etc. on a temporary building (the steel fence connected each point of 40, 21, 22, 37, and 38 on the ship’s container

The instant land and facilities were leased to Defendant B.

C. Defendant B currently has occupied and used the instant land and its ground facilities, and he stockpiled scrap metal on the instant land.

On April 27, 2016, the Plaintiff, D, E, and F, a co-owner of the instant land for factory, resolved in writing to use the instant land as access roads.

[Ground of Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 5 and 8 (including virtual numbers) and the purport of the whole pleadings

2. According to Article 265 of the Civil Act determining the cause of the claim, matters concerning the management of the jointly owned property shall be determined by a majority of shares of co-owners, and the method of using the jointly owned property shall be included in the management of the jointly owned property. As such, co-owners of the land for factory in this case may determine or alter the method of using

However, according to the above facts, the plaintiff, D, E, and F, a co-owner of the land of this case, resolved to use the land of this case as access roads. The aggregate of these co-ownership shares falls under 7/8 shares, and co-owner's share constitutes a majority of co-owner's share. Thus, the plaintiff acquired the right to occupy and use the land of this case and the defendants shall have the right to occupy and use the land of this case by a resolution

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