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(영문) 서울서부지방법원 2019.10.18 2018나40352

건물철거 등

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 26, 2007, the Plaintiff: (a) donated the land of Mapo-gu Seoul Metropolitan Government Fdong (hereinafter “Fdong”) which was registered for the transfer of ownership on April 2, 1985 by E, his father on April 2, 2005; and (b) donated the land of one-story housing and 76.03 square meters of one-story housing and 24.79 square meters of one-story housing; and (c) completed the registration for the transfer of ownership as to each of the above real estate on the same day.

B. 1) Meanwhile, on April 17, 1981, the Defendant purchased G large-scale 40 square meters adjacent to D land and completed the registration of ownership transfer. On December 4, 1986, the Defendant purchased H large-scale 60 square meters and completed the registration of ownership transfer. On December 27, 1986, the Defendant purchased I large-scale 7 square meters and completed the registration of ownership transfer on March 27, 1986. 2) Thereafter, on March 9, 1987, the Defendant purchased G large-scale 40 square meters, H large-scale 60 square meters, and I large-scale 7 square meters (hereinafter referred to as “three-scale land”) with G large-scale 107 square meters, and newly constructed the residential facilities and housing (hereinafter referred to as “instant commercial housing”) on the ground, and completed the registration of ownership transfer on March 17, 198.

C. On November 1, 1987, the Defendant installed a septic tank in the part of the land in the dispute of this case among D land adjacent to the boundary area of 107 square meters of G land (hereinafter “G land after annexation”), and thereafter, the Defendant installed a septic tank in the part of the dispute of this case.

A) The extension period of the commercial building of this case without obtaining permission for the commercial building of this case from December 3, 1987 seems to have been prior to November 7, 198. The extended building is used as a store for business restaurant. [The grounds for recognition] There is no dispute, and Party A’s Nos. 1, 2, 3, 5, 1 through 4, 11, 21, 22, 22 (including each number; hereinafter the same shall apply).

Each description or image of the Company, the result of the request by K for measurement and appraisal by the relevant trial appraiser, the result of each airline reading appraisal commission by each airline reading appraiser L, and the purport of the whole pleadings.