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(영문) 서울북부지방법원 2016.01.07 2014가단114753
건물등철거
Text

1. The defendant ordered the plaintiffs to each point of 10, 11, and 10 of the annexed drawings among the land size of 871 square meters in Seoul Special Metropolitan City, Nowon-gu.

Reasons

1. Facts of recognition;

A. While Plaintiff B owned a lot of 1,249 square meters in Seoul Special Metropolitan City, Nowon-gu E (hereinafter “E”), the said site was divided into two parts: E large 871 square meters (hereinafter “instant land”); F large 177 square meters and G large 201 square meters.

Plaintiff

B around January 1, 1984, around F and G land (hereinafter “F land”) were sold to the Defendant in total at KRW 95 million in the purchase price, and the Defendant sold the F and G land (hereinafter “F land”) to the Defendant in total at KRW 378 square meters.

4.2. He completed the registration of ownership transfer on F land.

B. On June 27, 1984, Plaintiff B sold 24.77 shares in each of the instant land to H (the copy of the real estate register refers to “H”, “construction consent, and written consent to the use of the site” as “I”; hereinafter “H”), J, K, and L, respectively, and sold 49.54 shares in M.

7.2. Each registration of transfer of ownership was completed.

C. Around July 1985, the Defendant decided to construct a hospital with the first and fourth floor above the ground level (hereinafter “Defendant hospital”) on F’s land. Around that time, the Defendant received written consent from Plaintiff B and H, J, K, L, and M as co-owners of the instant land.

Around August 1985, the Defendant received a written consent to use of the site in the Plaintiff B’s name, stating that “A consent to use the instant land as a building site,” and received a written consent to use of the same site in the name of H and four persons around September 1985.

Around September 1986, the defendant completed the new construction of the building of the defendant hospital, and on October 28, 1986, the defendant operated the hospital in the above building from the completion of registration of ownership preservation on the building of the defendant hospital.

E. The Plaintiff B removed the existing 2nd floor size on the instant land, and carried out the new urban-type residential housing (N, hereinafter “N”) with the size of the first and fifth floor above the instant land.

F. Ownership of the instant land is, on March 15, 2012, 697.61/871 shares to Plaintiff B, 148.62 shares to Plaintiff A, and 24.77/1 shares to Plaintiff C.

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