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(영문) 서울동부지방법원 2014.04.18 2012가단112153
건물철거 및 건물인도 청구 등의 소
Text

1. The Defendant’s attached Form 4,224,134 won and the Defendant’s attached Form from May 12, 2013 to the Plaintiff.

1. The time the building in the list is occupied;

Reasons

Facts of recognition

A. D newly constructed a multi-household housing (56.66 square meters, each of 1,2 stories, 59.94 square meters, and 59.94 square meters, hereinafter “instant building”) on the land of Seongdong-gu Seoul Metropolitan Government and completed the registration of initial ownership on December 6, 1990 after obtaining approval for use on September 5, 1990. D sold the instant building to E on April 3, 1991 and completed the registration of initial ownership transfer on May 4, 199, and E sold the instant building to the Defendant on December 31, 1996, and completed the registration of initial ownership transfer on February 17, 1997.

(1)(b)

Meanwhile, with respect to the land of this case, Seongdong-gu Seoul Metropolitan Government, which is the site for the building of this case, the ownership transfer registration was completed on September 10, 1982; D sold to F on October 29, 1982 the shares of 19.835/225 out of the land before the said partition; and completed the ownership transfer registration on October 30, 1982; and again sold the shares of 89.2539/225 out of the land before the said subdivision to F on October 5, 1990, and completed the ownership transfer registration on January 21, 1991.

D In addition, on January 21, 1991, D divided the Seongdong-gu Seoul Metropolitan Government 225 square meters into the Seongdong-gu Seoul Metropolitan Government Dabu 115 square meters (hereinafter “instant land”) and the G 110 square meters.

D on April 3, 1991, sold to E the remaining 115.911/225 shares out of the instant land (=25 - 19.835 - 89.2539) and completed the registration of ownership transfer to E on May 4, 1991.

The defendant purchased from E on December 31, 1996 the above land shares 115.911/225, and completed the registration of ownership transfer on February 17, 1997, and completed the registration of ownership transfer on August 8, 2002 as to the whole land of this case due to the partition of co-owned property on August 9, 2002.

C. On August 21, 2002, the Defendant obtained permission to convert the instant building into a multi-household house that is the subject of divided ownership, and was subject to divided ownership of 4 households (the instant building, namely, 2 households under the ground, i.e., i., e., 1 household, 3.26 square meters per annum, 3.26 square meters per annum, 26.68 square meters per annum, 26.68 square meters per annum, i.e. 101 and 201 and 56.6 square meters

In addition, the land of this case.

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