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(영문) 서울서부지방법원 2017.06.20 2016가단226687
토지인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On January 31, 2002, the Plaintiff completed the registration of ownership transfer for the reason of donation from F on January 29, 2002, with respect to the Yongsan-gu Seoul Metropolitan Government E large scale 172 square meters (hereinafter “instant site”).

B. The Defendants are each owners of adjoining land and its ground buildings adjacent to the instant site, as follows, and as indicated in the drawings of the attached Tables 1, 2, and 1 and 2, part or roof of each of the Defendants’ respective ownership of the building is partially possessed of the Plaintiff’s land.

(1) The Plaintiff-owned premises owned by the Defendants are owned by each of the following: (a) the Plaintiff-owned premises owned by the Defendants: (b) the Plaintiff-owned lot number of Yongsan-gu Seoul Special Metropolitan City (hereinafter referred to as the “instant site number”); (c) the Plaintiff-owned site number of 1.B G (79.4m2) on the date of the acquisition of the ownership of the land; (d) the existence of the building from December 28, 1973; and (e) the Plaintiff-owned L ( December 28, 197, 200, 200, 2000, 3.68m28m28, 96m28, 97m2, 97, 209, 198m2, 198, 196m23, 197, 198m23, 198m28, 209, 194, 198m28, 197.

C. Meanwhile, the instant site owned by the Plaintiff, such as “A”, “C”, and “Ma,” as indicated in the attached Table 2 list and the drawings indicated in subparagraph 1, is surrounded by tins to the boundary line along the boundary line, due to the cross-sections in light of the topographical features.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 3, Eul evidence 2, Eul evidence 6, Eul evidence 4 (including each number), the result of the appraiser's survey and appraisal, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, barring any special circumstance, the Defendants are obligated to remove the parts of the buildings owned by the Defendants on each of the grounds of the instant dispute to the Plaintiff, deliver the parts of the site in the dispute, and return unjust enrichment from such possession.

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