건물등철거
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
1. Facts of recognition;
A. On June 16, 1915, C land was registered for the first time on June 301, 191, and the first time on which two lot numbers have been successively set. On February 24, 1998, in order to divide the road planning line, C land was divided into C214 square meters on May 14, 1998, C214 square meters, F607 square meters, and G17 square meters and was registered in the cadastral record.
At that time, E is based on the relation without a new horizontal location and vertical position (in cases where it is not easy to conduct a detailed survey only with a supplementary control point installed in the case of a lack of control point in the topographical survey) in the neighboring Hdong area, and is based on the neighboring base boundary point (such as the back corner of a old building and the sprinking point of road, etc.). It is surveyed by the current status survey method.
B. On September 7, 2001, the Defendant, on August 25, 2001, purchased the land of 214 square meters in Cmiscellaneous land divided as above (hereinafter “instant land”) in the same year on August 25, 201.
9. 25. After completing the registration of transfer of ownership, the Korea Development Bank requested the Korea Development Bank of Gwangju Metropolitan City, Gwangju Metropolitan City to conduct a boundary restoration survey in order to construct a new building on the ground.
On September 7, 2001, a cadastral engineer I, who belongs to the Seoul Special Metropolitan City Headquarters of Gwangju Special Metropolitan City, conducted a surveying of boundary restoration according to the method of surveying of the current status based on the base boundary point around the base boundary point, and issued the results of surveying of boundary restoration to the defendant on September 8, 2001.
On September 20, 2001, the Defendant newly constructed a building with a building permit from the Plaintiff (hereinafter “Defendant’s building”) on September 20, 2001. After obtaining approval for use on December 26, 2001, the Defendant operated the automobile repair store on the first floor and used the second floor as a residence.
C. On January 19, 2004, by the process of J Tunnels-dong around 19, 2004, the boundary restoration surveying was conducted, and the tunnel construction works were conducted.