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(영문) 서울남부지방법원 2015.02.05 2013가단44977

건물철거 등

Text

1. The Plaintiff (Counterclaim Defendant) indicated the attached sheet No. 1,6,7.2 on the Defendant (Counterclaim Plaintiff) among the attached sheet No. 162 square meters in Yeongdeungpo-gu Seoul Metropolitan Government D major 162 square meters.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 14 and the purport of all pleadings as a result of the survey and appraisal conducted by appraiser E.

The plaintiff is the owner of a building with a size of 162 square meters and its ground in Yeongdeungpo-gu Seoul Metropolitan Government.

The plaintiff acquired the ownership of the above site and building from F, and completed the registration of ownership transfer on July 18, 198 on the above site due to sale on July 16, 198, and completed the registration of ownership transfer as of November 8, 198 on the building due to sale on September 20, 198.

B. Defendant B is the owner of the G-dae, Yeongdeungpo-gu Seoul Metropolitan Government 162 square meters and the building on its ground.

On April 29, 1986, the above site was the land acquired by the deceased H through the partition of co-owned property on April 29, 1986, and the above ground building was the registration of preservation of ownership on October 31, 198.

Since then, the network H resided in the above building until March 21, 2013.

As the network H dies, Defendant B continues to reside in the above building after completing the registration of ownership transfer on April 4, 2013 with respect to the above building site and ground due to inheritance by division of consultation.

(B) After this, Defendant B transferred the ownership of the said real estate to Defendant C on April 29, 2013, but on February 18, 2014, Defendant C cancelled the registration of ownership transfer under Defendant C on March 18, 2014 due to the cancellation of the said sales contract.

The current status of the sites and buildings owned by the Plaintiff and Defendant B are as shown in the attached Form. The boundary between the Plaintiff’s ownership and Defendant B’s ownership is as a line connecting each point of 1,8,9, and5 of the attached Form No. 1,8,9,000.

However, some of the Plaintiff’s land (attached Form No. 8, 7, 11, 10, 9, and 8 each point of which is indicated in the attached Form No. 8, 7, 11, 10, 9, and 8) are constructed as the housing owned by Defendant B, and part of the Plaintiff’s land (attached Form No. 1, 6, 7, 8, and 1) is constructed as the household building owned by Defendant B, and the Plaintiff.