건물철거 및 토지인도
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. The Plaintiff A and the Selection-Party D share the share of 10/727, 597/727 square meters in Jongno-gu Seoul Metropolitan Government Co., Ltd. (hereinafter “C land”) at each share of 10/727, 597/727. The Selection-Party E and F share the G land at each share of 867/1058, 191/1058 square meters adjacent to the land C (hereinafter “G land”). The Plaintiff owned 302 of multi-household housing on each of the above land.
B. The Defendant is the owner who completed the registration of ownership transfer based on sale as of August 10, 2012, with respect to H large 95.9 square meters adjacent to C land (hereinafter “H land”) and its ground buildings.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-2, Eul evidence 4, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff is obligated to remove the fence of the H-ground building owned by the Defendant and the designated parties and deliver the relevant part of the building to the Plaintiff, because the fence of the H-ground building owned by the Defendant was installed on the part of the boundary of the land jointly owned by the Plaintiff and the designated parties, and is installed on the part of 5.376 square meters in the ship connected each point in the attached Form 1 drawing Nos. 1, 2, 4, 3, and 1.
B. On the other hand, there is no other evidence to acknowledge that there exists a boundary of the land owned by the Plaintiff, etc. on the part of the Plaintiff, etc. on the sole basis of the evidence submitted by the Plaintiff, and on the other hand, in full view of the result of the measurement and appraisal commission as of December 20, 2016 and the overall purport of pleadings as to the Seoul Vice Governor of the Korea Land Information Corporation, the land H and C are adjacent to the form as indicated in the attached Table 2. The land owned by the Defendant is located in the part (B) connected with the land owned by the Plaintiff in sequence 7,4,9,8,07, and the aforementioned part (B) is located within the boundary of the land owned by the Defendant.