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(영문) 서울남부지방법원 2014.10.22 2013가단49293

담장철거 등

Text

1. The defendant shall be the plaintiff.

A. Each point of the sequence 8, 9, 12, 13, 14, and 8 in the table of the annexed drawings on the ground of Yangcheon-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. Since completing the registration of ownership transfer on January 9, 1997 with respect to the "Seoul Yangcheon-gu Seoul Metropolitan Government 184㎡" (hereinafter "the instant land"), the Plaintiff owned and occupied the said land until now, and the Defendant owned and occupied the said land with respect to "Seoul Yangcheon-gu 126.5С" adjacent to the instant land since the completion of the registration of ownership transfer on September 21, 1982.

B. At the time when the Plaintiff purchased the instant land and a detached house on the ground and completed the registration of ownership transfer, the Plaintiff installed a new parking lot by constructing three-story detached house on the instant land and the instant land, and installing a new 100.2m2m2 adjacent to the said land (hereinafter “instant road”) with each point of 9,10,11,12, and 9m2 in sequence, the separate wall Nos. 9, 10, 100, 12, and 9, connected to the instant land. The Defendant arbitrarily removed the previous 3m3m2 from the previous 1stm2 without the separate wall Nos. 9, 10, 11, 12, and 9.

AB was established.

E. On the other hand, the monthly average rent for the area of 0.3 square meters among the instant land in which the instant wall is located is from July 1, 2012 to June 30, 2013.