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(영문) 서울북부지방법원 2019.07.09 2018가단127320
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff owns a 1712 square meters of C forest land in Pakistan-si. The Plaintiff sought removal of retaining walls and transfer of land against the Defendant on the ground that the Defendant, who is the owner of neighboring land, installs a retaining wall of steel reinforced concrete structure on the ground of 320 square meters in sequence of each point of 1, 2, 3, 4, 5, and 1 of the annexed drawings among the above land without a legitimate title, and occupied this part of the land.

According to the purport of Gap evidence Nos. 1 and Eul evidence Nos. 5-3, each of the statements and arguments, which are the land before the division, was owned by the plaintiff. The land after the division was divided into 856m2 from the above forest land on May 31, 2018. The land after the division was made up of 856m2 and 856m2 from the above D forest. During the lawsuit in this case, the ownership of the land after the division was transferred to a third party ( ① the transfer of ownership in the above C forest was completed on December 12, 2018; ② the transfer registration was completed on May 9, 2019; ② the transfer registration was completed on June 8, 2018 on the above D forest, which was the land before the division. Furthermore, the plaintiff's claim for the transfer of ownership in the land after the division is no longer recognized under the premise that the ownership of the land is the land owner after the division.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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