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(영문) 서울북부지방법원 2020.01.21 2019나32628
토지인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1-1-4, Gap evidence 2-2-4, Eul evidence 1-7, and the purport of the whole pleadings as a result of appraiser H's appraisal:

The Plaintiff’s acquisition of ownership 1) Seongbuk-gu Seoul Metropolitan Government 149 square meters (hereinafter referred to as “instant land”).

(1) On November 9, 199, the transfer registration for ownership was completed under the name of I on February 10, 2014, and each transfer registration was completed under the name of G on August 13, 2015. (2) On September 1, 2016, the Plaintiff completed the transfer registration for ownership on the instant land on July 1, 2016.

B. On April 7, 1992, the Defendant completed the registration of transfer of ownership on the ground of sale on March 7, 1992, with respect to the land of Seongbuk-gu Seoul Metropolitan Government D- 116 square meters (hereinafter “D”) and the wooden season and its ground structure, and cement brick brick stroke roof, and cement brick brick 48.66 square meters, cement brick brick scroves 8.9 square meters (hereinafter “instant building”).

C. Of the instant land owned by the Defendant and the instant land owned by the Plaintiff, the instant building is located on the ground area of 13 square meters in the part (B) in the ship, which connects each point of the attached Table 2, 5, 6, 7, 8, 9, and 2, among the instant land owned by the Defendant.

[2] The part of the above (b) part 13 square meters is "the part of this case (b)", and the part of the building of this case located on the ground of the part (b) of this case among the buildings of this case is "the part of the building of this case (b)" 2.

A. According to the above facts of recognition as to the cause of claim, the defendant owned the building of this case and possessed the part of this case, which is its site, and thereby obtain profit equivalent to the rent of the part of this case (B) and thereby inflict damages equivalent to the same amount on the plaintiff. Thus, barring any special circumstance, the defendant removed the part of the ground of this case (B) and removed the building of this case (B).

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