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(영문) 의정부지방법원 2016.11.18 2015나10807
시설물철거 및 건물인도
Text

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

2. The appeal costs.

Reasons

1. The court of first instance rendered a judgment dismissing the remainder of the counterclaims by rejecting the part of the plaintiff's counterclaims against the defendant and dismissing the plaintiff's counterclaims.

Since only the plaintiffs appealed against the losing part of the main lawsuit, the subject of the judgment of this court is the part against the plaintiffs in the main lawsuit.

2. Facts of recognition;

A. The Plaintiffs are commercial buildings sold around 1996, such as the Republic of Korea and the Republic of Korea and the Republic of Korea and the Republic of Korea.

The term "G building" refers to "G building";

The registration of ownership transfer is completed on August 27, 2007 with respect to 1/2 shares in the land No. 144 (21.566 square meters on the register, hereinafter referred to as "Plaintiff's stores").

The defendant completed the registration of transfer of ownership around April 201 and May 201 with respect to G building Nos. 132, 133, 137, 138, 139, 143, 145, and 146 (the area on the register of each of the above stores is 9.505 square meters, 9.505 square meters, 9.505 square meters, 9.505 square meters, 15.09 square meters, 15.09 square meters, 20.128 square meters, 36.262 square meters; hereinafter referred to as "the defendant's store"). The defendant's store and the defendant's store are "the defendant's store," and each of the above stores is registered of transfer of ownership around May 201.

B. The registered titleholders of each of the instant stores leased each of the instant stores to H on February 21, 2005, and H operated the PC at each of the instant stores from around that time to March 201.

As above, at the time H operated the PC, there was only a simple wall of the length of about 30 cm located on the boundary of 144 and 145, as a sign that can be divided between the plaintiffs' stores and the defendant's stores.

C. On May 31, 201, after the termination of H’s lease, the Defendant removed PC facilities, and thereafter, a simple wall was installed in the vicinity of the boundary No. 145 of each of the instant stores, and on the boundary of No. 143 of each of the said stores, an appraisal by the Defendant is also indicated (2).

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