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(영문) 서울중앙지방법원 2017.07.03 2016나25026
건물철거 및 대지인도
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 24, 2009, the Plaintiff registered the transfer of ownership in the name of the Plaintiff on the real estate indicated in the attached Table No. 2 (hereinafter “Plaintiff-owned building”) and the attached Table No. 2 (hereinafter “real estate owned by the Plaintiff”), which is a building owned by Jongno-gu Seoul Metropolitan Government (hereinafter “Plaintiff-owned building”) on the ground of sale on October 16 of the same year.

B. The Defendant’s real estate indicated in paragraph (1) of the attached Table No. 1 (hereinafter “Defendant’s owned building site”) and the attached Table No. 1 (hereinafter “Defendant’s owned building”), which is the Seoul Jongno-gu Seoul Metropolitan Government building site (hereinafter “Defendant’s ownership”) and the same year as of October 10, 2008 for each 11/90 share.

9.29. 29. 29. 5. 7. 5. 201 for each of 79/90 shares

7.1. Each registration of ownership transfer was made under Defendant’s name on the grounds of sale.

C. The land owned by the Plaintiff and the land owned by the Defendant are adjacent thereto.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-2, the purport of the whole pleadings

2. Determination on the main claim

A. Examining the evidence as seen earlier prior to the determination of the cause of the claim and the entire purport of the argument as a result of the survey appraisal conducted by the court of first instance on June 16, 2015, the fact that the part of the building (B) in the building owned by the Defendant is located on the ground of 0.3 square meters as indicated in the attached Form (1) among the building owned by the Defendant is located on the ground of 0.3 square meters among the land owned by the Plaintiff.

According to the above facts, the part above (B) of the building owned by the defendant, on which 0.3 square meters in the attached Form (1) is in violation of the plaintiff's ownership by neglecting the part above (2) of the attached Form (1) among the land owned by the plaintiff, 0.3 square meters in the land owned by the defendant, and thus, the defendant removed the part above (2) of the attached Form (1) from among the building owned by the defendant, and transferred 0.3 square meters in the attached Form (1) of the land owned by the plaintiff to the plaintiff, barring any special circumstance.

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