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(영문) 서울동부지방법원 2020.02.27 2018가단113080

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) Plaintiff (Counterclaim Defendant) B:

A. Attached Form 1, 6, 5, and 6.5 square meters among the Songpa-gu Seoul Metropolitan Government Daehan 95.5 square meters.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. Plaintiff A is the owner of the building on the land of 146.3 square meters and above ground (hereinafter “Plaintiff 1”) in Songpa-gu Seoul Metropolitan Government, Songpa-gu, and the Plaintiff B is the owner of the building D large 95.5 square meters and above ground (hereinafter “Plaintiff 2”) (hereinafter “Plaintiff 2”) and the owner of the building E large 172.3 square meters and above ground building (hereinafter “Plaintiff 2”), and the Defendant is the owner of the building E large 172.3 square meters and above ground building (hereinafter “land”), and the new building is the owner of the building.

B. On November 9, 2017, the Defendant completed the registration of ownership transfer due to the auction for partition of co-owned property on the Defendant’s land. Before constructing the Defendant’s house, there was a single house with a height of one story in the same place.

On March 23, 2018, the defendant removed detached houses on the surface of the above land and implemented a new multi-family house construction project with approximately 11.15 meters high above ground (including rooftop floor 13.84 meters).

C. The Defendant, among the Plaintiff 2’s land, installed a steel fence which combines the Plaintiff 2’s land and the Defendant’s land on the line that connects each point of Nonparty 6, 5, 3, and 7 with each point of the annexed drawing Nos. 1 (hereinafter “the part occupied by the Defendant”). The Defendant committed a crime of 0.6 square meters in part on the ship that connects the aforementioned points of Plaintiff 2’s land with each point of the same drawing Nos. 6, 5, 3, 7, and 6 (hereinafter “the part occupied by the Defendant”).

In addition, a fence is installed to distinguish the Plaintiff’s land and the Defendant’s land on the line connected with each point of the attached Form 1, 10, 12, and 13 in sequence. However, the aforementioned fence is a person who commits a crime in the ship, which connects each point of the Defendant’s land to each point of the same map Nos. 1, 11, 9, 13, 12, 10, and 13 (hereinafter “the part occupied by Plaintiff 1”).

E. The plaintiffs' housing and the defendant's housing are in the Class 1 general residential area as stipulated by the National Land Planning and Utilization Act.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10 (including each number), Eul evidence 2, 7, 8, 9.