건물철거 및 토지인도등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The facts of recognition ① The Plaintiffs’ subsidiaries and the attorneys of the instant Plaintiffs, were held on December 3, 1973 by acquiring the ownership of “land owned by the Plaintiffs”. On June 21, 2017, on the ground of the donation made by June 12, 2017, C filed the instant lawsuit in the name of the Plaintiffs on July 21, 2017 immediately thereafter.
② Nonparty G purchased ownership on June 14, 1976 the Dongjak-gu Seoul Metropolitan Government H large 172 square meters (hereinafter “instant land”) adjacent to the Plaintiff’s “land,” and completed the registration of preservation of ownership by newly constructing, on December 14, 1992, neighborhood living facilities of the first and third floors above the instant land (hereinafter “instant building”). On September 4, 200, the Defendant purchased the instant land and buildings from the said G and completed the registration of transfer of ownership.
③ Meanwhile, on June 1, 1989, Co-Defendant I purchased the ownership of the land adjacent to the Plaintiff, Dongjak-gu Seoul J site and newly constructed a building on that ground and completed registration of ownership preservation on December 6, 1990.
④ However, at the time of the acquisition of the instant land or the construction of the instant building, the said G invadeds the Plaintiff’s land, such as cement packaging and stairs, part of the instant building, and part of the instant building, as stated in the purport of the claim (hereinafter “the instant erosion area”), and part of the J-based building owned by the said I also violated the Plaintiff’s land.
Co-Defendant I sought removal and delivery of 7m2 in the upper part of the attached drawing, and the decision of recommending reconciliation that pays 1.5 million won was finalized.
⑤ On the other hand, around October 2016, before transferring the ownership shares of the Plaintiff’s land to the Plaintiffs, the said C filed a lawsuit against four (4) land owners, including Nonparty K, who are the land owners adjacent to the Plaintiff, for the removal of buildings, etc., one of which the Plaintiff became the Plaintiff, and the said K claimed the completion of the prescription period for the acquisition of the land.