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(영문) 서울중앙지방법원 2016.11.22 2014가단135195
토지인도 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The attached appraisal shall also be indicated in the attached Form 1 of 493 square meters prior to Jongno-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. On May 23, 1987, D completed the registration of ownership transfer on the ground of sale as of May 23, 1987, and on November 17, 2004, the Plaintiff completed the registration of ownership transfer on March 26, 2013, on the ground of inheritance as of November 17, 2004.

B. On September 28, 198, the Defendant purchased the Jongno-gu Seoul E large 9m2 and its ground (hereinafter “instant house”) and completed the registration of ownership transfer on September 29, 198. At present, the Defendant’s appurtenant facilities to the instant house without the Plaintiff’s consent on the instant land, and completed the registration of ownership transfer on September 29, 198.

Paragraph 1) 2 square meters in storage (hereinafter referred to as “the warehouse of this case”).

(A) As indicated in Section 1-A(2) of the order, 15 square meters of the building (hereinafter “instant building”) and 1-A of the order.

Paragraph 3) and 10 square meters of stairs (hereinafter referred to as “instant stairs”).

In particular, the instant stairs are installed for the purpose of having access to public service after the Defendant purchased the instant housing, and have been used for the purpose of passage until now. C. The instant housing site and the instant land are state-owned land at a level of two meters wide and are located in Jongno-gu Seoul. [In the absence of any dispute over the grounds for recognition, each entry in Gap 1 and Eul 2, the result of the verification by this Court, the result of the request for surveying appraisal by this Court, the result of inquiries to the Administrator of Jongno-gu Office of this Court, the purport of the entire pleadings.

2. Judgment on the party's assertion

A. According to the facts on the claim of this case, the defendant is obligated to maintain the boundary of the land of this case by owning the warehouse, building, and stairs in this case without permission, and use the part of the stairs of this case for the passage of the house of this case at will. The defendant is obligated to remove the warehouse, building, and stairs of this case to the plaintiff, to deliver the above occupied part, and to return unjust enrichment equivalent to the rent due to unauthorized occupation and use.

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