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(영문) 서울서부지방법원 2016.01.13 2015가단240235
건물명도
Text

1. The defendant marks 1, 2, 3, 4, and 1 of the annexed drawings among the 2,037 square meters of the land for 2,037 square meters in Mapo-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. In around 1960, the deceased C constructed a mentor, mentor, mentor, sap, and sap, 5-2, 4, 50 square meters of land in Mapo-gu Seoul (hereinafter “former Housing”) without obtaining a building permit on the 2,037 square meters of land in Mapo-gu Seoul, a State-owned land in 1960.

For the registration of provisional seizure, a registrar has completed the registration of ownership preservation by his/her authority on August 10, 1979.

After that, C died on December 23, 1993, and D inherited the old house solely according to the agreement on the division of inherited property among co-inheritors, and completed the registration of ownership transfer on June 20, 202.

On the other hand, the old house was extended without permission on about 28 square meters (92.5624 square meters) of the second floor area by the network of temporary influence C.

B. Around 199, the Korean Railroad Administration accepted only the portion of 52.1 square meters of the Gu housing for the implementation of the construction project for expanding the Hansan Line, and executed the removal of the said part in around 2000, and the said building remains 40.4624 square meters of the said building (it is not clear whether the process of partial expropriation or removal was made, but it seems that the deceased C’s co-inheritors asserted the existence of the remaining building without wanting to expropriate the remaining building), and D removed the remaining portion of the Gu housing in around 2001, and newly built the two-story housing of reinforced concrete structure on that site.

(hereinafter “instant building”). C.

The deceased C and his co-inheritors, from around 1970 to 2000, regularly paid usage fees with permission for use of state property as to the part of the site of the old house from the E Station, which is the state property management authority, but D without obtaining permission for use of state property since 2001.

The plaintiff was established on January 1, 2004 under the Korea Rail Network Authority Act and became the state property administration agency of the railroad site, and the compensation for D's unauthorized use of state property once a year.

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