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(영문) 서울북부지방법원 2015.08.19 2014가단122716
철거 및 인도청구 등
Text

1. The ship, among the instant lawsuit, is connected in sequence 5, 6, 10, 11, and 5, the annexed drawings among the land size 24 square meters in Dongdaemun-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on July 30, 2013 with respect to the Dongdaemun-gu Seoul Metropolitan Government C large 931 square meters (hereinafter “1 land”), and the registration of ownership transfer was completed on July 23, 2014 with respect to the land B large 24 square meters (the land category was changed from the miscellaneous land on July 11, 2014 to the site from the miscellaneous land in Dongdaemun-gu Seoul Metropolitan Government; hereinafter “2 land”) from D January 23, 2014.

B. Around December 1987, the Seoul Special Metropolitan City announced an implementation plan for urban planning projects (road construction) as E, and the Defendant, based on the above notification, implemented the “F Road Construction Works” in the vicinity of the first and second land within the jurisdiction from December 14, 1987 to August 30, 1988. The land in the instant mountain dispute, which is viewed as at the time, was already used as the passage.

C. The Defendant is using the news block as sub-delivery on the ship (B) section 12 square meters connected in sequence 11, 12, 4, 5, and 11 of the annexed drawing among the land 1 and on the part (C) section 19 square meters of the annexed drawing among the land 2, which connects in sequence 5, 6, 10, 11, and 5 of the annexed drawing among the land 2.

Meanwhile, the monthly rent of the first land is KRW 172,800, the monthly rent of the second land is KRW 177,800, and the monthly rent of the second land is KRW 57,600, and the monthly rent of the first land is KRW 59,200, if it is assessed as a road, the monthly rent of the first land is KRW 57,60, and the monthly rent of the second land is KRW 59,200.

[Ground of recognition] A without a dispute, Gap evidence 1 to 3 (including a paper number; hereinafter the same shall apply), Eul evidence 3, 6, and 7, the result of the commission of measurement and appraisal to the Korea Intellectual Property Corporation, the result of the commission of appraisal of rent to the G Appraisal Office, the purport of the whole pleadings

2. According to each of the evidence No. 1-3, No. 2, and No. 4 ex officio determination as to the legitimacy of the action against the claim for extradition of the above part of the land No. 2, D, the former owner of the land No. 2, filed a claim against the Defendant for removal of interference based on the ownership of the above land under the court No. 2011Ga5403.

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