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(영문) 서울북부지방법원 2015.04.03 2014나4864
건물철거등
Text

1. Reinstatement due to the rescission of an agreement among the parts concerning counterclaims for a judgment of the court of first instance, which amounts to three million won and the same;

Reasons

1. The reasons why the court should explain this part of the facts of recognition are set forth in Article 1-D of the reasoning of the judgment of the first instance.

The phrase "attached Form 1(1), (2), (3), (4), and (1)" is the same as the reasons for the judgment of the court of first instance, except for the phrase "each point" with the indication of the attached Form 1(1), (2), (4), (3), and (1). Therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. With respect to the scope of the adjudication of this Court, the plaintiff filed a suit in which the plaintiff sought removal of the building on the ground of the part of the land in the dispute of this case and delivery of the land on the ground of this case. The defendant filed a complaint in violation of the agreement and filed a suit in which the plaintiff returned KRW 3 million to the original state due to the cancellation of the agreement, ② the amount of damages equivalent to KRW 1,426,00 for non-performance penalty paid by the defendant to the competent authority upon the plaintiff's filing of the complaint in violation of the agreement, ③ the procedure for the registration of transfer of ownership on the part of the land in the dispute of this case, ④ the procedure for the registration of transfer of ownership on the part of the land in the first case due to the completion of prescription, ④ the claim of the plaintiff in the first instance court is dismissed, and ④ the claim of the plaintiff in the first instance court is dismissed, and ④ the remainder of the claim in the counterclaim and the defendant's claim are dismissed, and thus only the plaintiff filed an appeal.

3. Determination on the part of claiming the execution of the procedure for ownership transfer registration among the plaintiff's principal lawsuit and the defendant's counterclaim

A. According to the facts of the judgment as to the cause of the principal lawsuit, the Plaintiff, as the owner of the land in this case, may file a claim for exclusion of disturbance and return with the Defendant possessing the part of the land in this case. Thus, barring any special circumstance, the Defendant is an unauthorized building constructed on the land in this case on the land in this case.

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