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(영문) 서울동부지방법원 2018.03.23 2016가단143148
토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D (the Plaintiff’s spouse, death on June 30, 2013) completed the registration of ownership transfer on August 8, 198, Gangdong-gu Seoul Metropolitan Government C large 168§³ and its ground (the 2nd floor, store, and house). As to the land and building on February 11, 2015 (hereinafter “Plaintiff’s land”), the Plaintiff appears to be the only inheritor of the Deceased on June 30, 2013.

The registration of ownership transfer is completed due to the reason.

B. On June 12, 1985, the Defendant purchased the above E-mail 216 square meters adjacent to the Plaintiff’s land and completed the registration of ownership transfer, and completed the registration of ownership transfer on that ground, constructed a reinforced concrete structure and the three-story neighborhood living facilities and housing (hereinafter “Defendant’s building”). Of the Defendant’s building, part of the fireproof teams, parking lots, etc., was built by erosion on the Plaintiff’s land. The size and shape of the building are as follows: “B” portion (5 square meters), “c” portion (11 square meters), “c” portion (11 square meters), and “4” portion (1 square meters in the entrance column of parking lots).

(hereinafter referred to as “the land covered by the instant dispute”). [Grounds for recognition] The following facts: (a) there is no dispute; (b) evidence Nos. 1, 2, and 3; (c) evidence Nos. 1 and 2; (b) witness F’s testimony; (c) the result of the survey and appraisal by the Korea Land Information Corporation; and (d) the purport of the entire pleadings.

2. Assertion and determination

A. 1) The Plaintiff asserted that the land in the dispute of this case, which is owned by the Plaintiff, is the land owner of the Plaintiff, and the Plaintiff did not dispute on the part of the Plaintiff’s land in the attached drawing Nos. 2 (A), which is the total of 19.8 square meters. However, according to the survey appraisal result of this case, the land in question is the total of 17 square meters in the land in the dispute of this case. The Plaintiff occupied and used as part of the land in the Defendant’s building site without permission. As such, the Defendant is obliged to remove the building constructed on the land in the dispute of this case, which is occupied by the Plaintiff without permission, and deliver the land to the Plaintiff, and pay the amount of unjust enrichment equivalent to

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