건물철거등
1. The Plaintiff (Counterclaim Defendant) indicated the attached drawings among the 261m2 in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, on the Defendant (Counterclaim Plaintiff), and indicated on the attached drawings.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On December 20, 1978, the Plaintiff completed the registration of ownership transfer with respect to the Seongbuk-gu Seoul Metropolitan Government large 261 square meters (hereinafter “instant land”). On June 1, 1984, the Plaintiff’s husband D newly constructed on the instant land one-story, 2-story housing (1st floor, 76.8 square meters, 72.3 square meters, hereinafter “Plaintiff’s housing”) on the ground of the instant land, and completed the registration of ownership preservation on August 17, 1984.
B. With respect to the land adjacent to the instant case, Seongbuk-gu Seoul E-gi (hereinafter “instant neighboring land”), the ownership transfer registration was completed on December 29, 1976, and the ownership transfer registration was completed on May 28, 2002 in G, the above F wife, on the ground of inheritance.
C. On June 30, 1985, the building register was compiled on June 30, 1985, with respect to cement block cement mortars and branch roof 29.42 square meters (hereinafter “the instant house”) located on the instant adjacent land, and accordingly, on the instant house, the registration of ownership transfer was completed on May 28, 2002 on the ground of inheritance. < Amended by Presidential Decree No. 12508, Jun. 22, 1987; Presidential Decree No. 17578, May 28, 2002>
On February 19, 2013, the Defendant acquired ownership by winning a successful bid for the instant land and the instant housing in the Seoul Central District Court H Auction Procedure (hereinafter “instant Auction Procedure”).
E. However, among the instant land, a boiler room, water meter, water supply pipe, etc. (hereinafter “instant building”) is installed in the area of 5 square meters in the part (B) connected in order to each point of the indication of the attached drawing Nos. 1, 2, 3, 4, and 1 among the instant land.
[Ground of recognition] A without any dispute, entry and video of evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply), Eul Nos. 1, 2 and 7, and the result of the on-site verification by this court, the result of the measurement and appraisal entrusted to the Korea Cadastral Corporation, the purport of the whole pleadings
2. Determination as to the principal claim