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(영문) 서울중앙지방법원 2019.06.21 2018가단5057144
토지인도
Text

1. The Defendant: (a) KRW 27,687,500 for the Plaintiff, and KRW 5% per annum from March 1, 2019 to June 21, 2019; and

Reasons

1. Facts of recognition;

A. The Plaintiff shared with D the Jongno-gu Seoul Metropolitan Government 481.9 square meters (Plaintiff’s land) and owned it solely after February 5, 1996.

The defendant is the owner of E large-scale 89.3 square meters (the defendant's land) adjacent to the plaintiff's land.

B. On December 1, 1982, the Plaintiff, D, and the Defendant constructed a new building jointly with the Plaintiff’s land and on the Defendant’s land (the designer and the contractor are the same) and received a single completion inspection from the head of the Gu as of December 1, 1982.

Plaintiff

In 1982, the registration of ownership preservation was made in the aggregate building (the plaintiff's land building) and the defendant's land building (the defendant's building), respectively, and the registration was made in the aggregate building ledger.

C. Among each title section of the Plaintiff’s building and the registry of Defendant’s building, the location number and building number are the same as “Seoul Jongno-gu E and C,” and the details of the building are registered with the Plaintiff’s building as “Seoul-gu, Jongno-gu, Jongno-gu, Seoul-do, and 237.16 square meters, 251.97 square meters, underground rooms, 251.97 square meters, 28.23 square meters, 204.96 square meters, 219.7 square meters, 28.23 square meters, underground rooms, 219.7 square meters, 28.23 square meters, and the Defendant’s building is registered as one story-si and 4 stories, each of 71-71-74 square meters (237.16 square meters), 76-2222 square meters, underground rooms, and 85-23 square meters (24.23 square meters).

(The details are also indicated in the certificate of completion inspection by the head of Jongno-gu. (The same shall also apply to the portion owned by the plaintiff, D and defendant).

Plaintiff

Although a building and a defendant's building are attached without space, they may confirm the boundaries between two outer buildings.

However, part of the Defendant building was constructed with the area of 4.6 square meters and 4.0 square meters in the attached Form (b) of the Plaintiff’s land.

[Ground for Recognition: Facts without dispute, Gap 1 through 8, Gap 9, Eul 1 and 2, and the fact-finding results for the Korea Land Information Corporation, the purport of the whole arguments and arguments]

2. The assertion and judgment

A. The plaintiff asserted by the parties, the part of the defendant's building that affected the plaintiff's land is without title.

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