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(영문) 서울서부지방법원 2015.05.15 2012가단230695

건물등철거

Text

1. As to each real estate listed in the separate sheet No. 1, to the Plaintiff:

A. Defendant A, the separate sheet Nos. 44, 45, 46, 22.

Reasons

1. Facts of recognition;

A. The Plaintiff is a project proprietor who completed the registration of ownership transfer of trust property, including the instant project site, and obtained a building permit, etc. from the competent Gu office, on the ground of a management trust agreement to newly construct and sell a new E main complex building, which is entrusted by Yongsan-gu Seoul Metropolitan Government D, 317.30 square meters (hereinafter “instant project site”) and 11 lots and above-ground buildings, as trust property.

B. Defendant A is the owner of each real estate listed in the separate sheet No. 1 (hereinafter “instant building”) on the ground of Yongsan-gu Seoul Special Metropolitan City F site adjacent to the instant project site, and Defendant B is the lessee who occupies and uses the first floor of the instant building and operates a printing office in the name of “G”.

C. Of the part (7), among the buildings in this case, which connects each point of 44,45, 46, 22, and 44 in sequence with the marks indicated in the attached Table 2 drawings, the portion of the first floor of the 2nd floor building constructed as a reinforced concrete building slove roof (hereinafter “the passage part”) among the 45,47, 48, 49, 50, 51, 57, 47, 46, and 45 stories connected each point of 17.68 square meters in sequence to the 2nd floor of the building in this case (hereinafter “the floor part of this case”) and the portion of the 2nd floor building constructed as a cement 2nd floor in the order of 17.68 square meters in the aggregate (8), (9), (2) a cement 2nd floor of the building in this case (hereinafter “the cement 1st floor”) and the portion of the 2nd floor in this case with the sign 31,7374,71727,717.7

【Defendant A’s ground for recognition: The non-contentious facts, Gap’s evidence 1 through 7, Eul’s evidence 1 and 2 (including each number), the result of each survey and appraisal conducted by appraiser H and I, and the purport of the entire pleadings, Defendant B: the confession (Article 150(1) of the Civil Procedure Act)

2. The assertion and judgment.