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(영문) 서울동부지방법원 2014.08.29 2014나804
건물명도
Text

1. Of the parts concerning the principal lawsuit against the judgment of the court of first instance, the following order to be fulfilled:

Reasons

1. Basic facts

A. 1) The Seongdong-gu Seoul Metropolitan Government E-type 33 square meters (hereinafter “E land”), including sale and ownership transfer registration, etc.

As to this Court, the registration of ownership transfer under the Plaintiff’s name was completed as of July 3, 2007 under the receipt of No. 45432, Jul. 3, 2007 (hereinafter “D land”). D-26 square meters (hereinafter “D land”).

(2) On December 1, 1982, the Plaintiff actually occupies D land and its unauthorized building (referring to the house listed in paragraph (a) of this Article; hereinafter “D building”) and Defendant C actually occupies E land and its unauthorized building (hereinafter “E building”) even when the registration of ownership transfer concerning D land was completed. The Plaintiff occupies E land and its unauthorized building (hereinafter “E building”) even after the registration of ownership transfer is completed.

3) A) In the possession of land and buildings, I sold them to Defendant C. Since I and Defendant C were mistakenly aware of the parcel number on the register, I prepared a sales contract on D land and buildings, and the registration of ownership transfer in the name of Defendant C was completed with respect to D land, and so far, Defendant C has occupied the land and buildings in the name of Defendant C until now. J sold the land and buildings to the Plaintiff. Since J and the Plaintiff knew of the fact that both J and the Plaintiff were mistakenly aware of D, a sales contract on E land and buildings was prepared, and the registration of ownership transfer in the name of the Plaintiff was completed, and until now, the Plaintiff occupied the land and buildings. B) The Plaintiff and Defendant C came to know that there was a difference between the parcel number on the register and the actual possession number on the register. B) In order to implement the construction permission conditions for the above building, G Co., Ltd. (hereinafter referred to as “G”) established the building and the building without permission on the ground of Seongdong-gu Urban Planning without permission, which is part of the building site.

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