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The defendant has each point of the attached Table 1, 2, 3, and 1 among the land size of 423.1 square meters in Jung-gu Seoul Metropolitan Government, Jung-gu.
Reasons
1. Facts of recognition;
A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the fleets (hereinafter “Plaintiffs et al.”) owned 1/4 shares of each of the 1/4 shares of C423m2 in Jung-gu Seoul Special Metropolitan City (hereinafter “instant land”) from around 2000. The co-owners of the instant land are the co-owners of the instant land. Since around 1996, the Defendant owned D-23m2 (hereinafter “D”) and the building on the ground (hereinafter “Defendants building”) adjacent to the instant land.
나. 측량 감정결과 피고 건물 판 넬 추녀 및 기둥 부분이 이 사건 토지 중 별지 감정도 표시 1, 2, 3, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 1.1㎡[ 이하 ‘㈎ 토지’ 이라고 한다] 및 같은 감정도 표시 4, 8, 7, 6, 5, 4의 각 점을 차례로 연결한 선내 ㈏ 부분 1.0㎡[ 이하 ‘㈏ 토지’ 이라고 한다 ]를 각 침범하여 있다.
(c)
Meanwhile, prior to the instant case, the Plaintiff et al. and the Defendant filed a counterclaim against the removal of the building owned by the Defendant on the ground of this case and the removal of the building owned by the Plaintiff et al. on the ground of this case and the removal of the building owned by the Plaintiff et al. on the ground of this case and the removal of the building owned by the Plaintiff et al. on the ground of D, seeking the return of unjust acquisition (hereinafter “the preemptive event case”), and the counterclaim seeking the return of unjust acquisition of the building owned by the Plaintiff et al. on September 7, 2003, which include the removal of each part of the building affected by each other’s land owned by the other and the transfer of the pertinent land became final and conclusive.
Since then, in 2007, the plaintiff et al. performed the duty to remove the building and deliver the land according to the above decision, and on December 22, 2009, the defendant arranged the defendant's building to the sand position panel.
[Ground of recognition] A without dispute, Gap evidence Nos. 2, 3, and 4-2, Gap evidence No. 5-1, 2, Gap evidence No. 6, Gap evidence No. 10-1, and the result of this court’s appraisal commission to appraiser E (Seoul Vice Governor of the Korea Land Information Corporation).