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(영문) 서울동부지방법원 2017.06.07 2015가단18313
토지인도 및 부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the size of 138 square meters in Gangdong-gu Seoul Metropolitan Government, the attached Form 1 drawings 2, 7, 6, 6.

Reasons

Basic Facts

On April 18, 2014, the Plaintiff acquired ownership of the Gangdong-gu Seoul Metropolitan Government Seoul Metropolitan Government 138 square meters (hereinafter “instant dispute land”) through an auction procedure.

The land in the dispute of this case is, in front, adjacent to the road side, one-way road that enters from the E basin to the F apartment located in Gangdong-gu Seoul Metropolitan Government, and the subsequent side of the house owned by the defendant (Seoul Gangdong-gu G GJ G Gung and 1 46.28mm28mm2), the public land (H and I) is located on the left side, and the general housing (J-ground) is located on the right side.

On the other hand, on July 26, 1978, the Defendant purchased the land of Gangdong-gu Seoul Metropolitan Government large 95 square meters (hereinafter “the Defendant’s land”) and the above ground bricks and sap 1 and 46.28 square meters of residential building 1 and 46.28 square meters of residential building. From among the land in the dispute of this case, the Defendant installed concrete outer walls, etc. on the ground of “1 square meters of residential building” connected each point of the attached drawing Nos. 2, 7, 6, 5, 4, 3, and 2 in sequence, among the land in the dispute of this case.

The defendant's land is the land located in K in Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as "K land"; hereinafter the same shall apply) and the land in front of this case, the land in front of this case, the general house on the right side, the land in front of this case and the general house on its ground, M land on the lower side and the general house on its ground.

From the time when a building on the land in the dispute in this case was destroyed or lost (in the case of a building on the ground of H land, around May 2002; around July 2002 in the case of a building on the ground of the land in the dispute in this case, around December 2002 in the case of a building on the ground of the land in the dispute in this case, and at the time when the building on the ground in the dispute in this case was destroyed or lost, it is impossible to accurately know the time when the building on the ground in the dispute in this case was destroyed or lost. However, the evidence No. 2 of this case (in the general building ledger, the entry that the building on the land in the dispute in this case was transferred to the O on July 19, 202, the entry as to the indication of the building in violation of the Act on December 5, 2002, and the building on the part of December 23, 2013.

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