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(영문) 서울동부지방법원 2018.05.25 2016가단39980
건물명도
Text

1. The defendant points out of the real estate listed in the separate sheet to the plaintiff each point of the attached sheet Nos. 2, 3, 4, 19, 20, 21, and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on July 24, 1998 with respect to the store Nos. 113 and 114 in the attached list (hereinafter “instant shop”).

B. The exclusive area on the real estate register and collective building register of the stores owned by the Plaintiff 113 and 114 is 11.33 square meters and 12.46 square meters, and the exclusive area on the store owned by the Defendant is 112 square meters.

C. As of the closing date of the pleadings in this case, the Plaintiff and the Defendant occupy and use the lines connecting each point in the separate sheet Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 21 of the separate sheet No. 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 17, 17, 18, 19, 20, 21, and 200 square meters in sequence, including 1,2, 21, 222, 23, 24, 25, 27, 28, 29, 31, 31, and 321.

As a result of surveying and appraising the exclusive use area of the store owned by the Defendant 112 based on the floor plan prepared at the time of the sale of the commercial building in this case, the store No. 112 occupies and uses approximately KRW 14.5 square meters in total, among the areas referred to in the attached Form No. 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19, and 4, connected to each point of the attached Form No. 4, 5, 5, 5, 7, 66, and 8, 14.5 square meters in total, falling under the exclusive use area of the store owned by the Plaintiff 113 in excess of the area corresponding to the exclusive use area of the store No. 112, the Defendant occupies and uses the part of the "b", 20, 21, and 22.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 2, each entry or video of Eul evidence 1 and 2, the result of this court's request for surveying and appraisal of the party branch office of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination.

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