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(영문) 서울중앙지방법원 2015.11.13 2014나51557
건물등철거
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On February 16, 2005, the Plaintiffs completed the registration of ownership transfer of each of 1/2 shares based on sale and purchase as of the forest of this case on January 4, 2005.

B. On August 22, 2012, the Defendant completed the registration of transfer of ownership based on sale from July 19, 2012, with respect to the Gyeonggi-gu G-gu 542 square meters (hereinafter “instant adjacent land”) adjoining the instant forest.

Attached 1 Appraisal 1 also 2 attached Form 1 with respect to the current status of possession on the part of the bedroomd area of the crime, the land for the building 232 and 2 attached Form 1 with respect to the part 3 attached Form 3 and 1 with respect to the “B” part 31 and 3 attached Form 1 with respect to the “B” portion 56 and Form 41 appraisal of the structure of light metal structure, the cement block 13 attached Form 1 with respect to

C. On the other hand, the defendant owned a house or a building built in the instant forest by erosioning the instant forest, such as the appraisal map in attached Form 1 and the appraisal report in attached Form 2, and occupied and used the relevant site.

The following table shall be arranged:

(hereinafter) The following is: (a) 232 square meters of land in the part “1” and 31 square meters of land in the part “2” are “the instant land”; (b) D.

Since August 22, 2012, the Defendant’s monthly rent per square meter from August 22, 2012 (hereinafter “Attachment 1 appraisal” in the attached Table 1 also refers to the following table: (a) from August 22, 2012 to August 21, 2013 to August 21, 2013; (b) KRW 1,030,040, 270,000 square meters from August 22, 2013 to 270,000 square meters; (c)

[Ground of recognition] The evidence Nos. 1 through 3, Eul evidence Nos. 1 (including a branch number), and the result of the entrustment to the head of the Gyeonggi-do Headquarters of the Gyeonggi-do Headquarters of the First Instance on March 31, 2014, the result of the entrustment to the appraiser H of the first instance trial, the purport of the entire pleadings, as a whole.

2. Determination on the principal lawsuit and counterclaim claim

A. (1) According to the determination on the cause of the principal claim, the Defendant, as the owner of the instant forest, shall also indicate the appraisal indicated in attached Table 1 with respect to the Plaintiffs seeking the exclusion of interference as the owner of the instant forest, such as 56 square meters and 56 square meters of the light steel structure housing on the ground indicated in attached Table 1

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