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(영문) 서울중앙지방법원 2019.02.14 2018나13690
부당이득금
Text

1.The part concerning the counterclaim of the judgment of the court of first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On March 11, 1974, the Seongbuk-gu Seoul Elux 26С (hereinafter “instant site”) completed the registration of ownership transfer with respect to the instant site. The Plaintiffs completed the registration of ownership transfer with respect to each 1/2 shares based on a donation made on January 29, 2015 on February 25, 2015.

The instant site is connected to the Seongbuk-gu Seoul Metropolitan Government G land, and on the ground of the said G land, the 1st floor house and the store (hereinafter “Plaintiff-owned building”) was newly constructed around June 28, 1976.

(See Attached 2 drawings, the current building owned by the Plaintiffs was demolished and demolished due to road works, etc.). The change of the owner of the said G land and the building on its ground is identical to the instant building site. The instant building site is linked to the Seongbuk-gu Seoul Metropolitan Government F&47 square meters (hereinafter “Defendant-owned land”).

On November 2, 1999, Defendant C completed the registration of ownership transfer made on September 2, 1999 with respect to the land owned by the Defendant and the cross-story stores and guard rooms thereof (hereinafter “former buildings”).

On the other hand, in the vicinity of the boundary between the site and the land owned by the Defendant, the time when the building owned by the Plaintiffs and the building of the Gu is newly constructed is not clear (the building register of the Gu building is not submitted). All these are installed from the time when the building was constructed (the latest is the year of death of K, which constructed the Gu building around 1982) to the present day, a stone retaining wall with a height of about four meters (hereinafter “the retaining wall of this case”).

However, the retaining wall of this case is not accurately installed in the boundary of land, but part of the retaining wall of this case is installed on the upper part of the line connecting 8, 9, 10, 11, 12, 13, 14, 15, and 16.

On the other hand, among the instant land, the part of “bbb” and the indication of the same drawings, which are linked in sequence to each point of indication 7, 8, 9, 10, and 7 of the attached drawing Nos. 11, 12, 13, 14, 15, 16, 2, 3, 4, and 4.

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