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(영문) 서울서부지방법원 2018.07.13 2017나41839
건물등철거
Text

1. The judgment of the first instance court, including a claim for addition, extension, and reduction in the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On December 19, 2003, Plaintiff A completed the registration of transfer of ownership with respect to multi-household housing (which consists of non-01, 101, 202, 202, 203, 204, 301, 302, 303, 304, 401, 402, 403, and 404, 404, 401, 402, 403, and 404) on the fourth floor of the Eunpyeong-gu Seoul Metropolitan Government ground reinforced concrete structure.

(In the title section of the above multi-household house registry, the "Indication of the site right" is indicated as the type of the site right to the site of the above three lots.

Defendant B, from January 5, 2006, owns each of the buildings and fences of this case without authority on the ground of Eunpyeong-gu Seoul E-248 square meters (hereinafter “the site of this case”), one of the sites of the above multi-household housing, from January 5, 2006, and from Defendant B, Defendant C leases and occupies each of the buildings of this case 1, 2, 3, 3, and 5 buildings of this case.

C. On December 30, 2014, Plaintiff A entrusted the said multi-household house to the Plaintiff Company, and completed the registration of ownership transfer in the name of the Plaintiff Company, but thereafter, on April 7, 2016, Nos. 401, 402, and 18, 203, May 11, 2016, No. 202, May 202, 2016; and on May 202, 2016, Plaintiff A terminated the registration of ownership transfer in the future, and again terminated the trust of Plaintiff A.

The amount equivalent to the rent for each time after January 5, 2006 of the site of each building of this case is as stated in the column of "rent" in the attached calculation sheet.

[Ground of Recognition] A without dispute, entry in Gap evidence 1 through 9 (including each number if there is a serial number), the result of the measurement and appraisal on the letter of credit branch office of the first instance court, the result of the measurement and appraisal on the letter of credit branch office of the first instance court, the result of the commission of the appraisal on the letter of credit and the result of the commission of the appraisal

2. According to the above facts of recognition as to the cause of the instant claim, Defendant B owned each of the instant buildings and fences, and the relevant site among the instant sites.

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