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(영문) 춘천지방법원강릉지원 2017.05.16 2016가단53974
건물등철거
Text

1. The plaintiff

A. Defendant B, among 206 m206 m2, indicated in the attached Form No. 27, 31, 32, 33, 34, 35, 36, 25, and 26.

Reasons

1. Basic facts

A. On December 31, 2015, the land owned by the Plaintiff is the land of 206 m206 m2 and F 151 m2.

B. Defendant B owns a house on the ground of 68 square meters in the attached Form 27, 31, 32, 33, 34, 35, 36, 25, 26, and 27, among the land size of 206 square meters in Gangnam-si E, and owns a house on the ground of 68 square meters in the ship (hereinafter “part 3” in the attached Form 1, 2, 2, 28, 29, 30, 30, 5, 6, 42, 41, 40, 37, 24, 25, 36, 35, 34, 33, 32, 31, 27, and 27, among the land size of 206 square meters in the ship (hereinafter “the part in the ship”).

C. Defendant C owns a house on the ground of 33 square meters, which connects each point of the attached Form 24, 37, 20, 21, 22, 23, and 24, among the area of 206 square meters in Gangnam-si E, Gangnam-si, and the part on the “vid” portion on the ground of 33 square meters, which connects each point of 37,40, 39, 38, 19, 20, 20, and 37, which are indicated in the attached Form 37, 40, 39, 38, 19, 20, and 37, which are collectively connected to each point of 37

Defendant D owns a house on the ship, which connects each point of the attached Form 17, 44, 15, 16, and 17, among the Flux 151 square meters in Gangnam-si, in sequence, on the part of “ 8” (hereinafter referred to as “ 8” in the ship (hereinafter referred to as “the part”) 6 square meters.

[Ground of recognition] The entry of Gap evidence Nos. 1-1, 2, and 2-1, and the result of the verification by this court, the result of the survey and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. According to the above findings of determination, Defendant B is obligated to remove the part on the ship’s “three-dimensional” from the ship, deliver the part on the above land and the part on the “2” on the ship, and Defendant C removes the part on the “66” ground, deliver the above land and the part on the “5” on the ship, and Defendant D is obligated to remove the above part on the ground and deliver the above land.

Therefore, the Defendants asserted that the Plaintiff’s claim of this case constitutes abuse of rights, but in light of the fact that the Defendants possessed a lot of areas, etc., only the grounds alleged by the Defendants.

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