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(영문) 서울서부지방법원 2017.04.11 2016나37611
건물등철거
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

(The principal lawsuit and counterclaim shall be deemed to be combined)

1. Basic facts

A. The Plaintiff’s network F and the Defendant’s external network G had a pro-friendly relationship, such as participation in the Korean War.

B. Before the division on January 8, 200, the Plaintiff acquired ownership on the ground of the division of the jointly owned property with respect to “1,121 square meters of land E, Seopo-si, Seopo-si,” and prepared a written consent for land use to the effect that G consents to the construction of housing and warehouse facilities on the land before the said division to G around June 2005.

C. Accordingly, G, etc. newly constructed “consper, stronger roof, single house 21.6 square meters” on the ground of the above land (hereinafter “instant industrial complex building”), and around the end of 2005, forest land prior to the said division was divided into the land indicated in the attached Table No. 2 (hereinafter “instant industrial complex land”) and the remaining parts thereof (the forest listed in the attached Table No. 1), as shown in the attached Table No. 2, where the said industrial complex building exists, and the land category of the instant industrial complex was changed from the forest land to the site.

After the death of the deceased G (Death around August 2013), the registration of ownership preservation was completed in the name of G on December 18, 2013. On May 26, 2014, the Defendant completed the registration of ownership transfer on the ground of sale and purchase, and the Defendant occupied the land in the instant dispute by owning the said building.

E. Meanwhile, the Plaintiff owned “(Before subdivision) 6,31 square meters in the vicinity of each land indicated in the separate sheet,” but was divided into “2,332 square meters before J” in around 2012, and sold part of each of the land at KRW 164,840,00 for the purchase price of the J-land and another land (N) in the vicinity of each land indicated in the separate sheet.

F. Furthermore, around July 11, 2012, the Plaintiff drafted a written oath with the following contents on the part of the net G around July 11, 2012:

(hereinafter referred to as “instant written oath”) A. I visit the land of C and E 340 square meters.

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