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(영문) 서울북부지방법원 2013.06.14 2012가단14583
건물철거 및 토지인도등
Text

1. Defendant C shall, in turn, turn out to the Plaintiff each point of indicated in the attached Form No. 1,2,12,11,10,9,81 among the 59 square meters in Seoul Jung-gu D 59 square meters.

Reasons

1. Facts of recognition;

A. On December 29, 2001, the Plaintiff completed the registration of transfer of ownership on the ground of sale on December 19, 2001, with respect to D & D 59 square meters (hereinafter “Plaintiff’s land”).

B. (i) Ownership of the land and building of Defendant B, the land of Defendant B, is adjoining to the land immediately adjacent to the Plaintiff’s land.

She F completed the registration of ownership transfer on December 24, 1973 with respect to the building of 24 square meters in Jung-gu, Seoul and its ground 24 square meters in G, and 11 square meters in 11th and 19th and 16th and 19th in 24th in Seoul, Jung-gu, Seoul and 24th in 1979. Around July 23, 1979, the registration of ownership transfer was completed on the ground of sale on December 19, 1973.

Article 22 of the Civil Code No. 1 of the Civil Code No. 3 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1 of the Civil Code No. 1068

x) Of each of the above lands and buildings purchased by Defendant B, ① the land size of 63 square meters in Seoul Jung-gu G Dae-gu, Seoul, was admitted by the Seoul Central Government on July 29, 1994 by the implementation of the urban planning project for the construction of roads in 1995. ② With respect to the building of 11 square meters, 11 square meters, junb, 99 square meters (36.9 square meters) due to the implementation of the urban planning project on February 12, 1996, the registration of alteration of indication was completed on February 29, 1996, on the ground of the destruction and loss of smuggling and the change of lot number due to the implementation of the urban planning project on February 12, 1996.

다. 피고 B 건물의 원고 토지 점유 피고 B 건물 중 일부가 원고 토지 경계를 넘어와 별지 도면 표시 1,2,12,11,10,9,8,1의 각 점을 차례로 이은 선내 ㈏부분 스레트건물 3㎡(이하 ‘침범 건물’이라 한다)에 위치함으로써 피고 B은 위 침범 건물 부지를 점유ㆍ사용하고 있고, 피고 C은 피고 건물 임차인으로 침범 건물을 점유하고 있다.

[Grounds for recognition] - Defendant .

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