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(영문) 서울북부지방법원 2020.11.10 2019가단153265
건물등철거
Text

1. 피고는 원고에게 별지 표시 건물 부분([별지2 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을...

Reasons

1. Basic facts

A. On October 29, 2002, C acquired the Plaintiff’s ownership. On October 29, 2002, C is the land indicated in the attached Form (Seoul Northern-gu D & 77 square meters, hereinafter “instant land”).

(2) On October 28, 2019, the Plaintiff completed the registration of ownership transfer from Gangnam-gu Seoul Metropolitan Government on the ground of “Sale on October 24, 2002.” On November 8, 2019, the Plaintiff completed the registration of ownership transfer for the instant land under one’s own name on the ground of “Sale on September 8, 2010.” (2) On October 28, 2004, the Defendant purchased KRW 79,995,000 (hereinafter “E land”) from Gangnam-gu Seoul Metropolitan Government to KRW 133 square meters (hereinafter “E land”) each year from Gangnam-gu, Seoul Metropolitan Government, and completed the registration of ownership transfer for E land on July 7, 2020 based on “Sale on October 18, 204.”

E Land is divided from F land, G land divided from G land, H land divided from G, and H land divided on August 26, 1993 from the I land subject to registration conversion on March 20, 1998.

3) On the both sides of the instant land and the land adjoining thereto, the asbestos slate-free building (hereinafter “instant building”) is located.

)이 소재하고 있고, 이 사건 토지 위에는 이 사건 건물 중 [별지2] 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 ‘ㄱ’ 부분(이하 ‘이 사건 건물 부분’이라 한다

(B) On the other hand, there is another unauthorized building on the land above E, and there is no person who resides in the building. (B) The occupation relation of the building in this case is registered with the Defendant as the owner of the building without the permission of the Seoul Southernbuk-gu Seoul Metropolitan Government, as the “F site in Gangnam-gu, Seoul” 19.83m2 and the “national and public land 52.89m2” on the building management ledger of the building in this case, and the above building and the building in this case are located in the same location as the port park.

2 The defendant made a move-in report to "Seoul Northern-gu D" on July 5, 199, and on November 18, 1999, the defendant reported a move-in report to another place on November 18, 199, but again on November 6, 2018.

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