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(영문) 서울서부지방법원 2018.04.25 2016가단207877
토지인도
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 1987, the Plaintiff and C purchased the land listed in the [Attachment 1] List on December 30, 1987 (hereinafter “instant land”) from the former owner, and completed the registration of ownership transfer for 1/2 shares on December 31, 1987.

Attached Form

Among drawings, 1, 2, 3, 4, 5, 6, and 1 are the land of this case in which the part of 3.4 square meters in the ship connects each point in sequence.

B. On August 20, 1959, the buildings listed in the attached Table 2 (hereinafter “instant building”) were completed.

D on July 2, 1979, the building of this case was purchased from all owners and completed the registration of ownership transfer on July 4, 1979.

After that, D sells the instant building to E and F on July 17, 2006, and E and F completed the registration of ownership transfer on August 18, 2006, and E and F sold the instant building to the Defendant on July 22, 2014, and the Defendant completed the registration of ownership transfer on September 2, 2014.

C. Most of the instant buildings are located in Yongsan-gu Seoul Metropolitan Government G-gu 137.9 square meters adjacent to the instant land, but some of them are located in the instant land, and are more than the first floor in the direction of the instant land than the second floor.

Specifically, the part of the instant land occupied by the first floor of the instant building is 21.9 square meters in the ship connected each point of the attached Form 2, 3, 4, 5, 7, 8, 9, and 2, and the part occupied by the second floor is 25.5 square meters in the ship, including the aforementioned 21.9 square meters in the attached Form 2, 3, 4, 5, 6, 9, and 25.5 square meters in the ship (hereinafter “instant land”), which connects each point of the above 21.9 square meters in sequence, and the land of this case is larger than the second floor.

Meanwhile, the Plaintiff owns a 4-story building on the 367.3 square meters in Yongsan-gu Seoul Metropolitan Government, and the boundary line on the 2nd floor of the building is a line that connects each point of the attached Form 13, 12, 11, and 10.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 12, Eul evidence Nos. 2 through 5 (including paper numbers), the result of the on-site inspection by this court, the result of the request for surveying and appraisal by appraiser I by this court

2. Determination on the cause of the claim.

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