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(영문) 서울북부지방법원 2018.02.06 2016가단138074
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) each share indicated in the separate sheet No. 1, Gangnam-gu, Seoul.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the party’s position 1) around November 5, 1984, and around 1984, the Plaintiff is a Fluxur of 168 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”).

(2) On June 12, 1996, the Plaintiff purchased a building on the ground of the cancellation of title trust and completed the registration of ownership transfer in the name of the Plaintiff’s sole name. (3) In around 1962, the network H purchased the Plaintiff’s land, etc. adjacent to the instant land and purchased a store and a house. However, around around 1976, the said land was expropriated as a road during the period from around 1976 to around 197, the part of the store was slird and the said house was reconstructed and used as a store (hereinafter “instant building”).

B. The previous lawsuit 1) However, the part of the instant building connected each point of the attached Table 1, 2, 3, 4, 5, 6, 7, and 1, among the instant land owned by the Plaintiff, is 7.0 square meters away on the part of the ship connected in order to each point of the attached Table 3 appraisal drawings (hereinafter “previous land”).

In addition, a portable toilet was installed outside the building of this case, and a portable toilet also was located in the area of 1m2,00 square meters connected to each point of attached Table 13, 14, 10, and 15 of the instant land owned by the Plaintiff. (2) The Plaintiff notified the Doz of the instant building that the instant building was invaded on the instant land around 2008, and the network H filed a lawsuit against the Plaintiff for the ownership transfer registration on the ground of the completion of acquisition by prescription as Seoul Northern Northern District Court 2008Kadan74700.

(hereinafter “previous lawsuit.” On November 12, 2009, the said court sentenced the Plaintiff to the judgment that “Around November 12, 2009, the Plaintiff shall implement the procedure for the registration of ownership transfer on November 5, 2004 for the part 7 square meters in attached Form 3 appraisal drawings to the deceased H.”

Accordingly, the Plaintiff appealed by Seoul Northern District Court 2009Na9575, but was sentenced to dismissal around October 29, 2010, and the above judgment was around that time.

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