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(영문) 서울중앙지방법원 2015.07.17 2013가단226599
건물철거 및 토지인도
Text

1. The Defendant: (a) is not less than 2,594§³ B, Dongjak-gu, Seoul; (b)

A. Attached Map 36, 12, 13, 14, 41, 40, 39, 36.

Reasons

1. Comprehensively taking account of the entire purport of arguments and arguments made by appraiser C with respect to the cause of the claim, ① the Plaintiff completed the registration of ownership transfer on October 14, 2004 with respect to B-2,594С (hereinafter “instant land”); on October 10, 207, the ownership transfer registration was completed in D’s name with respect to the portion of 1/2,594 out of the instant land; ② on July 12, 2005 and October 26, 2006, the Defendant used the instant land as well as the instant land and its neighboring 1 to 3 large 53С (hereinafter “E”), 1 to 44, 36, 36, 1 to 46, 36, 1 to 36, 46, 1 to 46, 36, 1 to 36, 46, 1 to 4, 36, 1 to 4, and 1 to 36, 1 to 4, 1 to 2.

The Defendant, as the owner of the instant building, interferes with the Plaintiff’s exercise of ownership as to the instant land by occupying and using part of the instant land as the site of the instant building. As such, upon the Plaintiff’s request based on the act of preserving jointly owned property, the Defendant is obligated to deliver the portion of the instant land to the Plaintiff, and remove each part of the instant building constructed on the instant land section (23 square meters in total).

2. The defendant.

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