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(영문) 서울동부지방법원 2014.12.17 2014나21245
건물철거 및 건물인도 청구 등의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff in the scope of adjudication on the party members shall list the attached Form in the first instance trial.

1. A list of requests for removal of the buildings indicated;

2. The court of first instance dismissed the claim for removal and the claim for restitution of unjust enrichment against the mentioned real estate, and partly accepted the claim for restitution of unjust enrichment.

As a result, only the plaintiff appealed against the request for removal and the request for delivery, the list of the subjects to be tried by this Court is as shown in the attached Form.

1. Request for removal of the building indicated and the attached list;

2. It is limited to the claims for delivery of the described real property.

2. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of all pleadings as a result of a request for measurement and appraisal with respect to the head of Seongdong-gu Seoul Metropolitan Government Headquarters, Seongdong-gu Seoul Metropolitan Government Headquarters for the Survey and Appraisal for the head of Seongdong-gu, Seoul Metropolitan Government, the Survey and Appraisal for the Chief of the Survey and Appraisal for the Chief of Seongdong-gu, Seongdong-gu, Seoul Metropolitan Government.

D The building of this case was built on the ground of Seongdong-gu Seoul Metropolitan Government 2 multi-family housing (1, 2 56.66 square meters, 59.94 square meters, hereinafter "the building of this case") and completed the registration of ownership preservation on December 6, 1990 after obtaining approval for use on September 5, 1990. On April 3, 1991, E sold the building of this case to E and completed the registration of ownership transfer on May 4, 1991, and E sold the building of this case to the Defendant on December 31, 1996, and completed the registration of ownership transfer on February 17, 1997.

B. Meanwhile, prior to the partition, which is the site for the instant building, the registration of ownership transfer was completed in Seongdong-gu Seoul Metropolitan Government on September 10, 1982, and D on October 29, 1982, sold to F on October 29, 1982 the shares of 19.835/225 out of the land before the said partition, and completed the registration of ownership transfer on October 30, 1982, and again sold the shares of 89.2539/225 out of the land before the said subdivision to F on October 5, 190, and completed the registration of ownership transfer on January 21, 1991.

D In addition, Seongdong-gu Seoul, Seongdong-gu, Seoul, on April 7, 1990, is the Seongdong-gu Seoul, the area of 225 square meters.

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