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(영문) 서울중앙지방법원 2020.06.12 2018가단5181917
토지인도
Text

1. The defendant is against the plaintiffs:

A. Of Yongsan-gu Seoul Metropolitan Government 11.9 square meters, each of the attached drawings 3, 4, 5, 6, and 3 shall be marked.

Reasons

1. Facts of recognition;

가. 망 E은 1972. 4. 3. 경성부(京城府)로부터 서울 용산구 D 대 11.9㎡를 매수하여 소유하던 중 사망하였고, F이 1994. 8. 1. 위 토지를 망 E으로부터 상속재산 협의분할에 따라 단독으로 상속하여 소유하던 중 2016. 4. 11. 아들인 원고 A과 며느리인 원고 B에게 각 1/2지분씩 증여하였다.

Accordingly, on April 12, 2016, the registration of transfer of ownership was completed on each of the above land's shares of 1/2.

(hereinafter referred to as “Plaintiff’s land”). B.

On September 15, 1959, the Defendant newly constructed a 36.36 square meters of the building site of Yongsan-gu Seoul Metropolitan City and 36.4 square meters of H site (hereinafter collectively referred to as “Defendant’s land”) adjacent to the Plaintiff’s land on September 15, 1959, a 76.36 square meters of the building area, and a 3-story store of 229.08 square meters of the total floor area (hereinafter referred to as “Defendant’s building”) with respect to the Defendant’s building. The Defendant completed the registration of the preservation of ownership on December 16, 1965.

The defendant purchased G land from I on October 16, 1958 and completed the registration of ownership transfer on October 20, 1958.

On the other hand, with respect to H land, the Defendant purchased the above H land from the Republic of Korea on August 6, 1963 and completed the registration of ownership transfer on September 4, 1963, as Korea demanded purchase from the Defendant, the possessor, based on the Act on Special Cases Concerning the Disposal of State and Public Property (amended by Act No. 1570, Dec. 16, 1963).

C. Among the Defendant’s buildings, the portion of “b” 4.6 square meters in the ship that connects each point of 3, 4, 5, 6, and 3 of the annexed drawings are built in line with the boundary of the Plaintiffs’ land.

(hereinafter) As above, the part over which the plaintiffs' land erosion part among the defendant's buildings in the defendant's building was infringed is "the part over which the boundary is infringed," and the site over the above boundary part among the plaintiffs' land is "the part over which the boundary is infringed" among the plaintiffs' land.

On the other hand, Seoul, which is the land adjacent to G land.

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