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(영문) 서울북부지방법원 2017.07.20 2016가단134522

건물등철거

Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached Form No. 11, 10, 9, among the size of 168.6m2 in Seongbuk-gu Seoul E, Seongbuk-gu for the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged in full view of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 6, and the purport of the entire pleadings as a result of the survey and appraisal commissioned by the vice governor of the Seoul Central Land Information Corporation to the Seoul Central Land Information Corporation.

With respect to the land of the Plaintiff, on February 28, 1978, F on January 18, 201, the Plaintiffs and G (each 1/4 shares) completed each registration of ownership transfer with respect to the portion of G on March 11, 201, by reason of donation by the Plaintiffs and G (each 1/4 shares).

B. Furthermore, with respect to the Seongbuk-gu Seoul Metropolitan Government H 150.4 square meters (hereinafter “Defendant’s land”), the Defendant completed the registration of ownership transfer on the grounds of each sale on November 22, 1996, J on August 7, 200, K on June 13, 200, and April 25, 2014.

C. Meanwhile, the Defendant’s land is one-story house and 76.03 square meters per 76.03 square meters (hereinafter “Defendant’s building”), and the Defendant’s building had obtained approval for new construction on August 15, 1940 in the building ledger, and the permission date is written on June 12, 1985.

Moreover, with respect to Defendant building, L on October 15, 197, M on October 31, 1985, N on May 11, 1989, N on June 19, 196, N on November 22, 1996, J on August 7, 200, K on June 13, 200, and April 25, 2014.

However, the main gate and fence of the defendant's building are constructed on the land in dispute, which is part of the plaintiff's land.

2. According to the judgment on the main claim, barring any special circumstance, the defendant possesses the defendant's building on the part of the plaintiff's land, and thus interferes with the plaintiffs' exercise of ownership. Thus, the defendant is obligated to remove the gate and other structures constructed on the land in the dispute and deliver the land in the dispute to the plaintiffs.

3. Judgment on the defendant's defense and counterclaim

A. The defendant's assertion is peaceful and peaceful as the defendant's own will.