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(영문) 인천지방법원 2016.02.17 2015가단10317
건물퇴거
Text

1. Among buildings with a size of 160.6 square meters on land in Nam-gu Incheon Metropolitan City (an officetel of three stories on the ground, a total floor area of 675 square meters), Defendant E shall be as shown in attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of ownership transfer on June 21, 2004 with respect to the land of 160.6 square meters in Nam-gu Incheon Metropolitan City F (hereinafter “instant land”).

B. The registration of ownership transfer was filed in the name of H on July 3, 200 with respect to the area of 211 square meters in Nam-gu Incheon Nam-gu, Incheon, under the name of H on July 3, 200, the registration of ownership transfer was completed in the name of I on October 31, 2002, the registration of ownership transfer was completed in the name of the Seongbuk Saemaul Community Depository on September 8, 2004, and the registration of ownership transfer was completed on March 18, 2008, respectively.

C. Around October 2000, H obtained a construction permit from the office of Nam-gu, Incheon, to construct a building with respect to the area of 211 square meters in Nam-gu, Incheon Metropolitan City, as the building area of 163.92 square meters, the total floor area of 553.02 square meters, and Defendant H.

On the instant building site, officetels (the total floor area of 675 square meters, hereinafter “instant building”) of the third floor above the ground was newly constructed, and the instant building is actually used as one unit in connection with the building on the said G site.

E. The plaintiff filed a lawsuit against the non-party company, etc. seeking removal of the building of this case and delivery of the pertinent part of the site of this case as the removal of interference based on the ownership of the building of this case, and was sentenced to a favorable judgment against the non-party company on December 9, 2010. The above judgment became final and conclusive after the appellate court and the final appeal.

F. Defendant E, among the instant buildings, has a part of 8.0 square meters in order to occur in the ship connected to each point of 6, 7, 8, 9, and 6, among the instant buildings; Defendant B, and C, in the order of 6, 7, 8, 9, and 6, the part of the damage caused in the ship connected each point of 6, 7, 8, 9, and 6, and Defendant D, respectively, occupies two floors.

[Ground of recognition] Items A and 4 through 7 of Evidence Nos. 1, 4, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants move out of the part of the building of this case, such as the above 1 (f), according to the plaintiff's claim for exclusion of interference based on ownership.

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