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(영문) 서울중앙지방법원 2014.10.22 2012가단5033849
손해배상(기)
Text

1. The defendant shall be the plaintiff.

(a) As regards KRW 4,328,712 and its 2,932,906 among them, from April 4, 2012; and among them, 543.

Reasons

1. Basic facts

A. The Seoul Central District Court E, with respect to the land size of 53 square meters in Seongbuk-gu, Seoul, and the land area of 53 square meters and 13.22 square meters in a single-story roof and attached 9.92 square meters in a single-story roof, which was owned by the Defendant, had commenced the procedure of auction of real estate in the Seoul Central District Court E.

B. The Plaintiff paid the sale price on January 23, 2006 after winning the above land and building at the above voluntary auction procedure, and completed the registration of ownership transfer in its name on the grounds of sale due to the same day auction.

C. However, the part of the above building consisting of two rooms and warehouses and 13.22 square meters of the above building, which was composed of two rooms and warehouses, and the part of the attached Babbide roof was connected with one another. However, unlike the indication in the public record, the above part of the attached building was used as a store (unused rooms and toilets) with a size of 16.5 square meters.

The defendant set up a building without permission on the land in Seongbuk-gu Seoul, which is owned by the State adjacent to the west side of the above D land prior to the plaintiff's acquisition of the above ownership, and occupied the building 1-B.

The toilets described in the port are occupied and used, and the above toilets are located on the land above C, and the order No. 1-B of the above D land.

The part of the port entry (B) is used as a passage for the entry of the above unauthorized building.

마. 한편 위 (나) 부분 원고 소유 건물 벽면(별지1 도면 표시 ⓙ, ⓚ를 연결한 선상)에는 원고 소유의 가스보일러 배관이, 위 (나) 부분 바닥에는 원고 소유의 수도계량기가 각 설치되어 있고, 같은 도면 표시 ⓙ, ⓜ을 연결하는 선상에는 원고가 설치한 대문이 있는데, 피고가 위 대문에 보조키를 설치하고 위 대문을 통하여 위 무허가건물에 출입하고 있다.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, 3, Gap evidence 2 through 6, 8, 10, and 11, each entry and video of Eul evidence 1-1, 2, and 3, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s request for the delivery of toilets during the above auction procedure.

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