건물철거 등
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant), Seoul.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be found either in dispute between the parties or in full view of the entry of Gap evidence 14 and the purport of all pleadings and appraisal results of the survey and appraisal conducted by the first instance appraiser E:
The plaintiff is the owner of a building with a size of 162 square meters and its ground in Yeongdeungpo-gu Seoul Metropolitan Government.
The plaintiff acquired the ownership of the above site and building from F, and completed the registration of ownership transfer on July 18, 198 on the above site due to sale on July 16, 198, and completed the registration of ownership transfer as of November 8, 198 on the building due to sale on September 20, 198.
B. Defendant B is the owner of the housing of 162 square meters in Yeongdeungpo-gu Seoul Metropolitan Government G, which is adjacent to the above site, and the building of the brick slves roof, which is a building on the ground.
On April 29, 1986, the above site was the land acquired by the deceased H through the partition of co-owned property with F and co-owned property on April 29, 198, and the deceased H made registration of preservation of ownership on October 31, 198.
The network H died on March 21, 2013.
As the network H dies, Defendant B completed the registration of ownership transfer on April 4, 2013 with respect to the above site and building on the ground of inheritance by division of consultation.
Defendant B transferred the ownership of the above real estate to Defendant C on April 29, 2013 due to sale, but revoked the registration of ownership transfer under Defendant C on March 18, 2014 due to the cancellation of the sales contract.
C. The current status of the land and buildings owned by the Plaintiff and Defendant B are as shown in the attached appraisal sheet, and the boundary between the Plaintiff’s land and the Defendant B’s land is the line that connects each point of 1,8,9, and 5 of the attached Form.
However, some of the Plaintiff’s land (attached Form No. 8, 9, 10, 11, 14, and 8 each point of which is indicated in the attached Form No. 8, 9, 10, 14, and 8) are constructed, and part of the Plaintiff’s land (attached Form No. 1, 6, 7, 8, and 1, each point of which is indicated in the attached Form No. 1, 6, 7, 8, and 1) is installed.