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(영문) 서울동부지방법원 2014.06.20 2012가단101627
건물등철거
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On July 8, 1983, K purchased 104.31 square meters in stores, 104.22 square meters in houses, 24.2 square meters in houses, 3 houses, and 3 houses on the land of Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “Defendant’s land”) and 148.53 square meters in total, 148.53 square meters in total, 30.71 square meters in underground rooms, 16.53 square meters in total, and 104.31 square meters in stores, 44.22 square meters in houses, 2, 3 stories, and 44.2 square meters in total, and 3 stories in underground rooms, and completed the registration of ownership transfer on July 14, 1983.

K on March 17, 2008, on the part of Defendant B and C, sold one half of the shares of the Defendant’s land and building, and completed the registration of ownership transfer on May 14, 2008.

Defendant E, G, and F are residing in the Defendant building with the permission of Defendant B and C.

Plaintiff

A (hereinafter referred to as the “Plaintiff”) on May 24, 1993, donated shares of 4,711/4,695 in Seongdong-gu Seoul (hereinafter referred to as the “Plaintiff’s land”) that was adjoining the Defendant’s land, and completed the registration of ownership transfer on June 1, 1993.

On November 23, 2009, the Plaintiff purchased the remaining 16/4,711 shares out of the Plaintiff’s land, and completed the registration of ownership transfer on November 25, 2009.

(2) As of the closing date of pleadings, the Defendant’s building: (a) is 5 square meters in the part of a building with the same drawings, among 19 square meters in sequence, (i), 2, 3, 5, 6, 7, 8, 9, 10, 10 and 1; (b) is 5 square meters in the part of a building with the same drawings; (c) one story on the ground (2) is 1,2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 16, 14, 16, 17, 16, 14, 16, 17, 166, 17, 165 square meters in sequence, 165 square meters in the same drawings, 1, 2, 3, 4, 5, 6, 8, 17, 17, 217, 17, and 14.

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