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(영문) 서울서부지방법원 2016.12.07 2015가단241375

건물퇴거 등

Text

1. The defendant (Counterclaims) among the buildings listed in the separate sheet, shall be marked 1, 1, 2, 3, 4, 5, and 6.

Reasons

The Plaintiff purchased from F and G the building of large 231 square meters and its ground (hereinafter “Plaintiff-owned building”) in Yongsan-gu Seoul Metropolitan Government from October 20, 2003 to the present day.

(2) On October 20, 2003, the Plaintiff: (a) merged the area of 48 square meters into the said site; and (b) extended the area of the said site to 279 square meters; and (c) on January 5, 2005, the building indicated in the attached list (hereinafter “the building owned by the Defendant”) purchased it from the Defendant on January 5, 2005, and owned it by the deceased H from I; and (d) on July 12, 201, the Defendants owned it up to the present day as the shares of 1/2.

On October 10, 2007, the Yongsan-gu Seoul Special Metropolitan E-road 182 square meters owned at the auction by the deceased H on October 10, 2007, and the Defendants owned the shares of each 1/2 on July 12, 201 as the shares of each 1/2.

피고들 소유 건물 중 별지 감정도 1 표시 1, ㄱ, ㄴ, ㄷ, ㄹ, ㅌ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, 1의 각 점을 순차로 연결한 선내 (가) 부분 계단 19㎡와 별지 감정도 1 표시 ㄴ, ㄷ, ㄹ, 2, ㅁ, ㅌ, ㅇ, ㅈ, ㄴ의 각 점을 순차로 연결한 선내 (나) 부분 창고 5㎡ 및 별지 감정도 1 표시 ㄱ, ㅋ, ㄷ, ㄱ의 각 점을 순차로 연결한 테라스 부분이 원고 소유인 서울 용산구 D 대 279㎡를 침범하고 있고, 2006. 1. 1.부터 2016. 4. 20.까지의 위 침범부분의 임료상당액은 52,553,900원에 상당하며, 2016. 4. 21. 이후의 월임료 상당액은 426,400원이다.

Plaintiff

The attached appraisal map No. 2 shall be 41 square meters of the underground floor of the building and the attached appraisal map No. 1, 2, 3, 4, 5, 6, 7, 6, 6, 7, 6, and 1, 41 square meters of the underground floor of the building and the attached appraisal map No. 1, 2, 3, 36 square meters of the building and the attached sheet No. 36 square meters of the 1st floor of the building and the attached sheet No. 1, 2, 3, 4, 4, 5, 5, 7, 6, and 6, and 1.