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(영문) 서울중앙지방법원 2015.02.11 2014나17250
건물철거 및 토지인도 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) Seoul Gangnam-gu Seoul F. F. 537.9 square meters (hereinafter “instant land”).

On May 4, 1978, G and the Plaintiff’s name each 1/2 share transfer registration was completed. (ii) On April 5, 2002, G sold 5/20 shares out of the instant land to Plaintiff A, 3/20 shares to Plaintiff B, 2/20 shares to Plaintiff C, and 2/20 shares to Plaintiff C respectively, and on June 24, 2002, the ownership transfer registration was completed according to the shares of the Plaintiffs as to the instant land.

B. 1) Defendant D’s land adjoining to the instant land on May 30, 1985 (hereinafter “Defendant’s land”) is the Gangnam-gu Seoul Metropolitan Government HW large 430.1 square meters (hereinafter “Defendant’s land”).

) The third floor neighborhood living facilities building of reinforced concrete structure with the third floor above the ground (hereinafter “Defendant building”).

(2) On May 17, 2010, Defendant D donated 1/4 shares of each of the Defendant’s land and the Defendant’s building to Defendant E and completed the registration of ownership transfer on May 19, 2010.

C. Of the instant land, fences are installed on the line that connects each point of (a) of the attached Table 5, 5, 3, 5, 4, 3, 2, 1, 2, 2, 1, and 2, on the part of (a) part of the attached Table 15 square meters (hereinafter “the instant dispute part”), and the space between the said fence and the Defendant’s building is being used as the site for the Defendant’s building.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3 (including the number of branch offices; hereinafter the same shall apply), the result of the survey and appraisal conducted by the appraiser I of the first instance court, and the purport of the whole pleadings

2. The Plaintiffs, as the owner of the land of this case, may file a claim for the exclusion of disturbance against the Defendants who possessed the part of the dispute of this case. Thus, the Defendants are obliged to deliver the part of the dispute of this case to the Plaintiffs, barring any special circumstances.

In addition, without any legal ground, the defendants are in part of the dispute of this case.

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