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(영문) 서울북부지방법원 2021.01.13 2018가단110513
토지인도
Text

The Plaintiff

A. The Defendant (Appointed Party) shall pay to the Plaintiff KRW 627,854 as well as its full payment from October 15, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of the transfer of ownership on October 14, 2002 with respect to the land owned by the Plaintiff as the owner of 13 square meters in Seongbuk-gu Seoul Metropolitan Government (hereinafter “Plaintiff-owned land”), and on the said land as a result of public sale on October 14, 200

B. The Defendant (designated parties, hereinafter only the Defendant) newly built a multi-household house, which is a multi-household house on the ground above the land owned by the Plaintiff, as the owner of Seongbuk-gu Seoul Nan 354 square meters (hereinafter “Defendant-owned land”) adjacent to the Plaintiff’s land, and completed the registration of the preservation of ownership for the instant multi-household house on December 3, 2015.

(c)

During the period from December 18, 2015 to November 13, 2017, the designated parties C, D, E, F, G, H, I, J, K, and L (hereinafter “designated parties, other than the Defendant”) are divided owners who acquire separate ownership of the instant multi-household housing, and the part (A) of the instant land (hereinafter “part (A) of the instant land”) which connects each point of the attached Form 1, 5, 8, 7, and 1 among the Plaintiff’s land owned by the Plaintiff, is divided into a collection place, and the part (b) which connects each point of the 5, 2, 6, 8, and 5 square meters of the land indicated in the attached Form (A) to the ground surface (hereinafter “the instant portion of the instant land”) is removed on the instant land (hereinafter “instant land”) and all of the issues raised by the instant group.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the result of the verification by this court, the result of the measurement commission to the Seoul Vice-Governor of the Korea Land Information Corporation, the purport of the entire pleadings

2. Determination

A. The sperm except the Defendant’s assertion 1) occupy and use the part of the instant land (A) as a separate collection place and passage, and the part of the instant land (b) as a chemical unit. As such, the aforementioned sperm remove separate collection place and passage and cremation and remove the Plaintiff.

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