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(영문) 서울중앙지방법원 2011.02.09 2009가단443045
건물철거등
Text

1. The Defendants are real estate listed in the separate sheet among the Plaintiff:

A. Each point is indicated in the Appendix 24, 25, 26, 27, and 24.

Reasons

1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1 to 10 (including each number) and the whole purport of the arguments as a result of the survey and appraisal conducted by appraiser E.

On December 24, 1987, the Plaintiff completed the registration of ownership transfer concerning the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Meanwhile, Nonparty 1 owned, in sequence, KRW 24, 25, 26, 27, and 24, among the instant real property, 1, 1, and 84 square meters in a wooden gar, a building with earth, brick, residential facilities, and store without permission on the ground surface of the part above the instant real estate, each of which is 47, 48, 49, 50, and 47 square meters in order to connect “B” part above the 52 square meters in a building without permission on the ground, 40, 41, 42, 43, and 40 square meters in diameter, which are 52 square meters in a building with no permission on the ground of the instant real estate of this case (hereinafter the instant three buildings without permission, are deemed to have been connected to each of the instant building without permission on the ground of 37, 329, 329, 37, 329, 329, 37, 40.

C. The Plaintiff filed a lawsuit against the above F to seek the removal of each unauthorized building of this case as Seoul District Court 88Da47688, which sought the delivery of the site, and won a final and conclusive judgment, but the drawings attached to the above judgment were not inconsistent with the current situation, and thus, it was impossible to enforce compulsory execution accordingly.

On January 30, 2006, the above F succeeded to F jointly by Defendant B, C, and D as his wife, Defendant A and the person who was his wife.

2. Determination

A. According to the above facts of determination as to the cause of the claim, it is presumed that the Plaintiff acquired the ownership of the instant real estate on December 24, 1987. The Defendants, as the above F’s heir, own ownership of each of the instant unauthorized buildings.

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