(영문) 서울중앙지방법원 2020.04.07 2019가단5220093

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Reasons

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(영문) 서울중앙지방법원 2020.04.07 2019가단5220093

건물등철거

Text

1. The Defendant indicated on the attached map No. 19, 20, 21, 41, 40, 39, 38, 37, among the land size of Jongno-gu Seoul Metropolitan Government 676 square meters, to the Plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of Jongno-gu Seoul Metropolitan Government D large 676§³ (hereinafter “instant land”).

B. On February 21, 2019, the Defendant concluded a trust contract with Nonparty F who was the owner on February 21, 2019, and completed the registration of ownership transfer in the future of the Defendant based on the trust on the same day.

C. Part of the part of the first floor of the instant building is constructed by breaking the (ii) part of the instant building, which connects each point of Annex 19, 20, 21, 21, 41, 40, 39, 38, 37, and 19, in sequence, among the land in this case. Part of the instant building is constructed by breaking the (iv) part of the instant building, which connects each point of Annex 2, 47, 50, 49, 48, and 47, among the land in this case.

[Ground of recognition] A without any dispute, Gap's evidence 1 through 6 (including spot numbers, if any; hereinafter the same shall apply), Eul's evidence 1 and 2, the result of the appraiser G's survey and appraisal, the purport of the whole pleadings

2. According to the facts of the judgment as to the plaintiff's cause of action, the defendant, the owner of the building of this case, without a legitimate title, has violated the part (2) of the ship connecting each of the points of the annexed drawings No. 19, 20, 21, 41, 40, 39, 38, 37, and 19, among the land of this case owned by the plaintiff, and the part (4) connecting each of the points of the annexed drawings No. 2, 47, 50, 49, 48, and 47, and the part (2) connected each of the above points of the annexed drawings No. 2, 47, 50, 49, 47, and the above part of the building of this case, which is the owner of the building of this case, by owning

3. According to the conclusion, the plaintiff's claim of this case seeking its implementation is reasonable, and it is so decided as per Disposition.

유사 판례

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-수원지방법원여주지원 2020.02.05 2019가단1321

-인천지방법원부천지원 2019.02.13 2018가단113258

-수원지방법원 2015.01.16 2013나33307