건물등철거
1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.
2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts (based on recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 7, Eul evidence 1, results of measurement and appraisal entrusted to the Korea Cadastral Corporation, results of fact inquiry, the whole purport of pleadings);
A. The Plaintiff completed the registration of ownership transfer under No. 28968, Jun. 1, 1993 with respect to the portion of 4,695/4,711 among the portion of 3,372 square meters in Seongdong-gu Seoul Metropolitan Government D (hereinafter “Plaintiff’s land”). The Plaintiff completed the registration of ownership transfer as to the remaining portion of 16/4,711 of the Plaintiff’s land on November 23, 2009 due to sale and purchase on November 25, 2009.
B. H (Death around January 26, 1984) purchased buildings indicated in the attached list of Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “Defendants’ land”) and 347 square meters adjacent to the Plaintiff’s land (hereinafter “Defendants’ land”), buildings attached thereto, and two-story business and 190.08 square meters of 190.08 square meters of 2nd floor and 217.26 square meters of 2nd floor (hereinafter “the above buildings”) and completed the registration of ownership transfer on November 17, 1981. Of the Defendants’ land and the Defendants’ buildings, Defendant A and B completed the registration of ownership transfer as to their respective 3/8 shares, and Defendant C completed the registration of shares transfer on April 2/89, 1984 by inheritance on January 26, 1984 due to inheritance on January 26, 1984.
C. As of the closing date of the pleading, the Defendants’ buildings are, among the Plaintiff’s land, in the order of each point indicated in the separate sheet Nos. 1, 2, 3, 16, 15, and 1 of the annexed drawing Nos. 53, 54, 48, 57, and 53 square meters in the attached drawing Nos. 1, 2, 3, 16, 15, and 18 square meters in proportion to the annexed drawing No. 53, 54, 48,
(B) The defendants' building violated the plaintiff's land by adding each of the above parts to "the part of the violation of this case" 2.
A. According to the above facts of determination as to the cause of the claim, since the Defendants’ buildings violate the Plaintiff’s land, they are co-owners of the Defendants’ buildings.