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(영문) 서울남부지방법원 2016.09.30 2016가단202811
건물등철거
Text

1. The defendant is not less than 46m2 in Yeongdeungpo-gu Seoul Metropolitan Government for the plaintiff

(a)each point in the Annex 4, 5, 6, 7, and 4.

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on March 2, 2012 on the ground of the successful bid on March 2, 2012 with respect to the Yeongdeungpo-gu Seoul Metropolitan Government C large 46 square meters (hereinafter “Plaintiff’s land”).

(2) On the ground of sale on June 22, 1982, in Seoul, Yeongdeungpo-gu D, Seoul, 46.9 square meters and its ground mentora, and in respect of 2 junbbes and justs and apap 2 9 square meters, E completed each registration of ownership transfer on the ground of sale on May 20, 2015.

(3) On the ship that connects each point of the attached Form Nos. 4, 5, 6, 7, and 4, part of the Defendant building, in sequence, is constructed on the ground of the part of the Plaintiff’s land Nos. 3, 4, 5, 6, 7, 8, and 3, which are part of the attached Form Nos. 4, 6, 7, and 4, which are part of the attached Form No. 1 (hereinafter “part No. 1”) and connects each point of the attached Form No. 3, 4, 5, 6, 7, 8, and 3.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 5 (including paper numbers), the result of the measurement and appraisal commission to appraiser F, the purport of the whole pleadings

B. According to the above facts, the Defendant is obligated to remove the instant part of the housing and deliver the instant part of the land to the Plaintiff, barring special circumstances.

2. The defendant's assertion that the whole possessor of the defendant's building acquired the land of this case by prescription since December 4, 1963, when the registration of preservation of ownership was completed on the building of this case, since the whole possessor of this case occupied the land of this case in peace and openly as the intention to own the land of this case and 20 years have passed since then, the defendant, the successor of the former possessor, acquired the

As well as from December 4, 1963, the registration of ownership preservation on the defendant's building was completed after the expiration of the prescription period for possession acquisition, E, a prior occupant of the defendant, as well as from June 22, 1982, is the starting point of the possession.

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