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(영문) 서울중앙지방법원 2017.09.28 2016가단5241518
부당이득금 반환 등
Text

1. The defendant,

A. Of the area of 209.7 square meters in Gangnam-gu Seoul Metropolitan Government, appraisal of the attached Form 6, 7, 8, 9, and 6 shall be marked to the plaintiffs.

Reasons

1. Basic facts

A. On September 15, 2014, the Plaintiffs purchased a share of 3/10 shares in the name of Plaintiff A on March 19, 2015, with respect to the share of 7/10 shares on March 19, 2015, as husband and wife, Gangnam-gu Seoul Metropolitan Government C & 209.7 square meters (hereinafter “instant land”).

B. Meanwhile, the registration of ownership transfer was completed on December 24, 1982 with respect to the land of Gangnam-gu Seoul Metropolitan Government D 226.7 square meters (hereinafter “the instant land”) adjacent to the land of this case, E on December 24, 1982. The F completed the registration of ownership transfer on June 26, 199, and F constructed the three-story detached housing (hereinafter “the instant building”) on the ground and completed the registration of ownership preservation on December 18, 2008.

On November 24, 2014, the defendant purchased the land No. 2 and the building of this case in the procedure for compulsory auction and completed the registration of ownership transfer in the future.

C. However, the outer wall and part of the fence of the instant building are constructed on the ground by erosioning on the part of 4.6 square meters of “1” (hereinafter “the instant land”), which connected each point of the attached Table 6, 7, 8, 9, and 6 among the instant land No. 1, connected with each point of the attached Table 6, 7, 8, 9, and 6.

【In the absence of dispute over the grounds for recognition, evidence Nos. 1, evidence No. 2-1 and 2, the result of the commission of surveying and appraisal to the Korea Land Information Corporation, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. (1) According to the above facts of recognition, the defendant interfered with the plaintiffs' ownership by the fence, etc., part of the building of this case, which is part of the building of this case, against the land dispute of this case owned by the plaintiffs, and gains profits from occupying and using it without any legal ground. The plaintiffs suffered losses. Thus, the defendant removed and delivered the wall, etc. of the land of this case to the plaintiffs and delivered it, barring any special circumstances.

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