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(영문) 서울중앙지방법원 2018.08.09 2017가단5175762
토지인도 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is indicated in the attached drawing among the area of 10.4 square meters of Jongno-gu Seoul Metropolitan Government D Road.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts under the basis of the facts may be acknowledged, either in dispute between the parties or in full view of the purport of all pleadings as a result of the survey and appraisal conducted by the Vice Governor in Seoul Special Metropolitan City of the Korea Land Information Corporation.

The plaintiff is the owner of Jongno-gu Seoul Metropolitan Government D road 10.4 square meters (hereinafter referred to as "D land") and E road 47.7 square meters (hereinafter referred to as "E land"), and "each land of this case" under the common name together with "D land".

B. Defendant B is the owner of F site and its ground building adjacent to each of the instant lands, and part of the instant building is constructed by the Plaintiff’s intrusion on each of the instant lands, and specifically, the Plaintiff’s land is invaded by each of the following: (a) the specific part of concrete block building (hereinafter “(b) building”) connected with each of the instant lands in sequence 18, 4, 19, 18, and (c) the specific part of the instant building is 4, 28, 23, 23, 24, 24, 9, 22, 22, 21, 20, 20, 19, and 4, connected each of the instant lands in sequence with the Plaintiff’s land and the attached drawings indication 4, 28, 23, 23, 24, 9, 222, 21, 20, 19, and 8.1 square meters [limited to the parts connected with 21,22222] of the instant building.

C. Defendant C is the owner of G-site and its ground buildings, and the Plaintiff’s E land is installed on the part of 2,4 square meters inside the ship, which is installed on the part of 12,13,26,25,25, and 12 square meters of the attached drawing, and the urban gas pipes, home conduits, and hack columns (hereinafter referred to as “vid part pipes, etc.”) attached to the above Defendant’s building owned by the said Defendant.

2. According to the facts of recognition as to the plaintiff's main claim, barring special circumstances, the defendant B, who owns (2) and (4), part of the building constructed on each of the land of this case owned by the plaintiff, is obligated to remove the building on the above (2) and (7) and deliver each part of the land to the plaintiff, unless there are special circumstances to the contrary.

Defendant C shall remove (f) parts of pipes, etc. on the land owned by the Plaintiff and deliver the part of the land to the Plaintiff.

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