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(영문) 서울중앙지방법원 2014.09.19 2013가단5115373
건물등철거
Text

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

(a) Attached Table 1, out of 2380 square meters of forests and fields D in Pyeongtaek-gun, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. On February 16, 2005, the Plaintiffs completed the registration of ownership transfer of each of 1/2 shares based on sale and purchase as of the forest of this case on January 4, 2005.

On August 22, 2012, the Defendant completed the registration of ownership transfer based on the sale from July 19, 2012, with respect to the Gyeonggi-gu G Large 542 square meters (hereinafter “instant adjacent land”) adjacent to the instant forest.

Attached 1 Appraisal 1 also 2 attached Form 1 with respect to the current status of possession on the part of the bedroomd area of the crime, the land for the building 232 and 2 attached Form 1 with respect to the part 3 attached Form 3 and 1 with respect to the “B” part 31 and 3 attached Form 1 with respect to the “B” portion 56 and Form 41 appraisal of the structure of light metal structure, the cement block 13 attached Form 1 with respect to

B. The Defendant, as shown in the attached Form 1 and the result of the appraisal indicated in the attached Form 2, owns a house and a building built in the instant forest, and occupies and uses the relevant site, etc.

The following table shall be arranged:

(A) The following is: (a) 232 square meters of land in the part “A” and 31 square meters of land in the part “B” are “the instant land at issue”; (b) / [based on recognition] evidence A 1 through 3, Eul 1 (including paper numbers), the result of the commission of appraisal by the Gyeonggi-do Headquarters for the head of Pyeongtaek-gun branch office of the Korea Cadastral Corporation headquarters on March 31, 2014; and (c) the purport of the entire pleadings.

2. According to the facts of the determination as to the cause of the main claim, the Defendant, as the owner of the instant forest, is obligated to remove the appraisal indicated in the attached Table 1 to the Plaintiffs seeking the exclusion of interference, respectively, of the size of 56 square meters on the ground of light-frame structure housing on the ground as indicated in the attached Table 1, and the area of the ground cement block block block block block block block block block 13 square meters on the ground floor, and deliver the instant key land, and return the unjust enrichment of the amount equivalent to the rent acquired by occupying and using the instant key land.

The plaintiffs claim that the defendant is occupying and using the forest of this case as shown in the attached Table 3, but the Korea Intellectual Property Corporation's headquarters.

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