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(영문) 서울동부지방법원 2018.09.07 2017가단16670

소유권확인

Text

1. The Plaintiff shall have one building without permission, which is 89.2566m2 (building registration number E) located on the ground of 796m2 prior to Gangdong-gu Seoul Metropolitan Government D.

Reasons

1. Basic facts

A. The ownership relationship of D and F land 1) The net G is the Gdong-gu Seoul Metropolitan Government Hdong prior to the division (hereinafter “Hdong”).

(2) On January 13, 1984, the Plaintiff owned 3,418 square meters and 1,068 square meters prior to F, and died on January 11, 1970. The Plaintiff, the spouse of the Plaintiff, B, I, and J jointly inherited each of the above land. The Plaintiff completed the registration of transfer on the ground of inheritance on June 30, 1970 with respect to the Plaintiff’s 1/7 shares, B/3/7 shares, I’s 2/7 shares, and 1/7 shares, and the J’s 1/7 shares on each of the above lands on September 1, 1983.

3) On November 19, 1999, the Defendant was awarded 2/7 shares in each of the above lands owned by I and completed the registration of ownership transfer on December 21, 1999. (4) On October 24, 2007, the land of 3,418 square meters prior to D was divided into 3,281 square meters prior to D and 137 square meters prior to K.

(hereinafter referred to as “instant land” and “the instant F land” with the size of 3,281 square meters prior to each divided D, F, 1,068 square meters.

무허가 건물의 이용관계 1) 이 사건 D토지 지상에는 별지2 현황도면 기재와 같이 ⓙ, ⓚ, ⓛ, ⓜ, ⓙ의 각 점을 순차로 연결한 선내 ㉱ 부분에 세멘조 89.2566㎡(건물등재번호 E) 무허가건물(이하 ‘이 사건 D건물’이라 한다

)이 있고, 이 사건 F토지 지상에는 위 도면 표시 ⓞ, ⓟ, ⓠ, ⓝ, ⓞ의 각 점을 순차로 연결한 선내 ㉲ 부분에 세멘조 72평 238.0176㎡(건물등재번호 L) 무허가건물이 있다(이하 ‘이 사건 F건물’이라 한다

(2) The Plaintiff owned the instant F building and resided in the said F building up to the present day. On the other hand, around 1985, M leased part of the instant building to M and resided in the instant D building up to June 2003, and around February 1, 2004, leased part of the instant building to N around KRW 5,000,000, monthly rent of KRW 300,000 (increased to KRW 400,000, around 2008).