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(영문) 서울남부지방법원 2019.11.21 2017가단240063
부당이득반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. From September 25, 1975, the Plaintiffs owned a large scale of 179 square meters in Geumcheon-gu Seoul (hereinafter “instant land”) and were co-inheritors of the deceased deceased deceased on May 4, 2018, and acquired each of the instant land 1/2 shares through an inheritance agreement division.

B. Defendants D, G, H, and K are the sectional owners of two-storys of the M&M building with a brick structure 176 square meters away from the south of the instant land (hereinafter “third-party building”). Defendant G completed the registration of transfer of ownership due to each trade in relation to N on May 13, 2005; Defendant K on May 101, 201; Defendant K on May 31, 2016; Defendant H on November 201, 2006; Defendant D on July 26, 1983.

Defendant E newly constructed a reinforced concrete 215 square meters away from the south side of the instant land, and completed the registration of ownership preservation on June 26, 1996. Defendant I and J completed the registration of ownership preservation on the fourth floor neighborhood living facilities and housing buildings (hereinafter “first building”). Defendant I and J completed the registration of ownership transfer on October 10, 2014 on the gift of the said building from E and on October 10, 2014. Defendant I completed the registration of ownership transfer on the share of 545/100, and Defendant J completed the registration of ownership transfer on the share of 455/100.

Defendant F owned the instant land from May 7, 199 to the lower part of the lower part of the lower part of the lower part of the lower part, and the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part which did not err by misapprehending the legal principles as to the ground of appeal, thereby adversely affecting the conclusion of the judgment.

(c) The location of each of the above lands is as shown in the cadastral map in Appendix 1.

In order to park in the parking lot because there is a parking lot for the first building and the second building on each of the above land between the land and P and the land in this case, the land in this case shall be passed.

E. Of the buildings No. 3, the part on the ground of “B” part of 9m2 connected each point of 7, 8, 9, 12, 13, 14, 15, and 7, which is located in the attachment No. 7, 8, 9, 12, 15, and 7

(hereinafter referred to as “influent part of the instant land” refers to the part affected by the building No. 3. (hereinafter referred to as “influent part”)

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