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(영문) 서울남부지방법원 2016.12.23 2016나3398

소유권확인

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Facts of recognition

A. The Plaintiff owns the real estate listed in the attached Table No. 1 (hereinafter “Defendant 1”) in the Yeongdeungpo-gu Seoul Metropolitan Government Elux 134 square meters (the total area was KRW 165 square meters, but the 31 square meters was expropriated in Yeongdeungpo-gu Seoul Metropolitan Government on May 21, 2007; hereinafter “the Plaintiff’s land”) and the Defendant B owns the real estate listed in the attached Table No. 2 in the attached Table No. 1 (hereinafter “Defendant 2”), and the Defendant C and D share the real estate listed in the attached Table No. 2 in the attached Table No. 1 of Real Estate List (hereinafter “Defendant 2’s land”); Defendant 1 and 2 together with Defendant 1 and 2’s land (hereinafter “Defendant”) with the share of 2/3, and Defendant D shares of 1/3.

B. On June 27, 1985, the Plaintiff filed a move-in report and resided in a temporary building on the Plaintiff’s land. At the time, the Plaintiff’s land owner was Seoul Special Metropolitan City.

Although a temporary building loan that the Plaintiff had resided on the ground of the Plaintiff was built on the ground of the land, the separate structure of the instant land was built on the ground of the lower court, and the instant land was located on the wall indicating the boundary of the temporary building.

C. The Plaintiff purchased the Plaintiff’s land from Seoul Special Metropolitan City on September 16, 1985 and completed the registration of ownership transfer on February 13, 198.

On April 6, 198, after the boundary restoration surveying for the land of the plaintiff, all temporary buildings, debentures and separate debentures on the ground were removed, the new house of the first basement and the second floor on the ground (hereinafter referred to as "the plaintiff's house") was newly built and continuously resided in the above house after obtaining approval for use on December 28, 198, and the plaintiff's house was newly constructed on the basis of a wall indicating the boundary of a temporary building and was built on the basis of the fence indicating the boundary of the temporary building.

After that, the plaintiff's housing was removed on December 4, 2009 in relation to road construction works.

At present, a fence, which plays a role in the boundary of the Plaintiff’s land and the Defendants’ land, is installed above the Defendants’ land, and a toilet remains in the bottom of the wall.