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(영문) 서울북부지방법원 2016.01.07 2014가단114142
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the Dongdaemun-gu Seoul Metropolitan Government 198 square meters, each point is indicated in the attached Form 8, 3, 4, 9, and 8.

Reasons

1. Facts of recognition;

A. On October 31, 2013, the Plaintiff completed the registration of ownership transfer with respect to Class C neighborhood living facilities with the third floor of Dongdaemun-gu Seoul (hereinafter “Plaintiff’s land”) and the third floor of the Pyeongtaek-style reinforced concrete structure on the ground.

B. On December 2, 1987, the Defendant’s mother completed the registration of ownership transfer with respect to the Defendant’s land and building due to inheritance by consultation and division on December 12, 201, on the following grounds: the Defendant completed the registration of ownership transfer with respect to the Defendant’s land and building due to inheritance by consultation and division.

C. Of the Plaintiff’s land, the wife line owned by the Defendant was invaded on the part (C) of 3 square meters in the ship (hereinafter “instant land”) connected with each point of 8, 3, 4, 9, and 8 in sequence among the annexed drawings.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 4, and 5 (including additional numbers), the result of this court’s request for surveying and appraisal of Dongdaemun-gu branch of the Korea Cadastral Corporation, the result of inquiry of the fact about the vice governor of the Korea Cadastral Corporation's Seoul Central Headquarters, the purport of the whole pleadings

2. Determination as to the request for removal and delivery

A. According to the above facts, the defendant occupies the land of this case on the land of this case owned by the plaintiff, and the defendant without title. Thus, the defendant is obligated to remove the eaves in the land of this case, barring any special circumstance. 2) The plaintiff asserts that (B) among the plaintiff's land, the plaintiff carries the building of brick structure under the part (B) which connects each point of 7, 8, 3, 4, 9, 12, and 7 of the attached drawings to the land of this case, and thus, (c) the plaintiff seeks removal and delivery of the above underground house part.

However, only the evidence submitted by the Plaintiff is that the Defendant owns the structure as alleged by the Plaintiff on the ground of the above part of the Plaintiff’s land.

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