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(영문) 서울동부지방법원 2014.09.30 2013가단106124
건물등철거
Text

1. The Plaintiff is indicated on the attached list 1 and 2. The Plaintiff, Seongdong-gu Seoul Metropolitan Government E-gi 225 square meters, F 3372 square meters, G 347 square meters on the ground of G 347 square meters.

Reasons

1. Basic facts [based on recognition: Fact that there is no dispute, entry of Gap evidence 1 through 9, Eul evidence 1 and 2 (including both 1 and 2, the result of the measurement and appraisal entrustment to the Korea Cadastral Corporation by this court, the purport of the whole pleadings];

A. The Plaintiff completed the registration of ownership transfer on September 18, 2003 with respect to E-gi 225 square meters (hereinafter “Plaintiff’s land”) of Seongdong-gu Seoul Metropolitan Government as the receipt of No. 87624, Nov. 10, 2003.

B. H (Death around January 26, 1984) purchased each building indicated in Seongdong-gu Seoul Metropolitan Government G large 347 square meters (hereinafter “Defendants’ land”) and its attached list (hereinafter “the above buildings together”) adjacent to the Plaintiff’s land from I, and completed each registration of ownership transfer on November 17, 1981. Of the Defendants’ land and the Defendants’ buildings, Defendant B and C completed each registration of ownership transfer on 3/8 shares, and Defendant D completed each registration of ownership transfer on 2/8 shares on 2/8 shares by inheritance on 1984.

C. As of the date of the closure of pleadings, the Defendants’ buildings connect each point of 50,10,40,40,56, and each point of 50,000 square meters in the attached Form No. 50, 10, 11, 52, 51, and 50, among the 30,000 square meters in the Plaintiff’s land, among the 223,000 square meters in the land among the 223,000 square meters in the Plaintiff’s land, and each point of 50,000 square meters in the attached Form No. 50, 10, 11, 52, 51, 51, and 50 square meters in the ship.

(B) The Defendants’ building’s total sum of the above parts, which affected the Plaintiff’s land, shall be “the part of the instant intrusion.” 2.

A. According to the above facts of determination as to the cause of the claim, since the Defendants’ buildings violate the Plaintiff’s land, the Defendants, co-owners of the Defendants’ buildings, exercise their right to claim for the exclusion of disturbance based on their respective shares.

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