건물등철거
1. The part of the claim for withdrawal against the Defendant (Counterclaim Defendant) of the Plaintiff Company A shall be dismissed.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 17, 1991, H acquired ownership of G 4,459 square meters in Mapo-gu Seoul Metropolitan Government (hereinafter “instant land”).
On December 28, 1998, the above company was merged with Plaintiff B (A through J corporation, December 28, 1998, and December 27, 2004, respectively), and Plaintiff B completed the registration of ownership transfer in its own name on the instant land on May 20, 199.
B. On June 28, 1974, K acquired ownership of approximately 139 square meters (hereinafter “instant building site”) adjacent to the instant land, and constructed a new building on that ground (hereinafter “instant building”). On July 1, 1975, K completed the ownership preservation registration under its own name, and died around September 18, 2015.
The Defendants comprehensively succeeded to the rights and duties of the deceased relating to the site of the instant building and the instant building through the division of inherited property by consultation.
C. While Plaintiff B conducted a boundary survey on February 2018, it became known that the stairs and fences attached to the outer wall of the instant building (hereinafter “each of the instant stairs”, “the instant fences”, “the instant fences,” and “the instant facilities,” both of which are installed as indicated in the attached appraisal on the part of 22 square meters inside the instant building, which successively connected each point of 12, 1, 2, 3, 7, 8, 9, 10, 11, and 12 indicated in the attached land among the instant land.
Plaintiff
B notified the Defendants of the foregoing fact, but around April 23, 2018, the answer was made to the effect that the prescriptive acquisition from the Defendants was completed. D.
With respect to the instant land, Plaintiff B completed the registration of ownership transfer for reasons of sale as of May 11, 2018 in the future M Co., Ltd. (hereinafter “Nonindicted Company”) on May 24, 2018. On the same day, Nonparty B completed the registration of ownership transfer for reasons of the trust agreement as of December 29, 2017 in the future of Plaintiff A.
grounds for recognition.