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(영문) 서울북부지방법원 2016.04.29 2015가단111324
건물등철거
Text

1. Defendant C:

A. Of the 397 square meters of the Seoul Jung-gu D Forest land, an indication of the annexed drawings 16, 15, 17, 18, 19, 20, 21, 10, 10.

Reasons

1. Facts of recognition;

A. On May 1, 2008, Defendant B completed the registration of ownership transfer on the ground of sale due to voluntary auction on April 28, 2008 with respect to D forest land of 397 square meters (hereinafter “instant land”).

On February 2, 2015, the Plaintiff completed the registration of transfer of ownership on the instant land due to a compulsory auction on January 28, 2015.

B. The Defendant C owns a section of a structure (B) on board, which connects each point of (B) the section of the building (A) attached Table 16, 15, 17, 18, 19, 20, 21, 20, 10, 10, 22, 22, and 16, among the instant land, to each point of (b) the area of which is 17 square meters in line with each point of (B) structure (parking), 17 square meters in line; 4, 5, 23, 28, 4 square meters in line; 15 square meters in line with each point of (c) the same section of the building; 23,24, 25, 26, 27, 28, and 23 square meters in line with each point of (a) the same drawing;

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, result of a request for surveying and appraisal to appraiser E by this court, the purport of the whole pleadings

2. Judgment as to the main claim

A. According to the above facts, Defendant C occupies and uses part of the instant land owned by the Plaintiff without legal title. As such, Defendant C is obligated to remove the portion of the instant land (A), among the instant land, 33 square meters in sequence, and the indication 2, 3, 12, 13, 14, 15, 16, 11, and 22 of the said drawings, each of which is connected to the Plaintiff in sequence of 16, 15, 17, 18, 19, 20, 20, 20, 21, 21, 10, 22, and 16, 33, 12, 13, 14, 15, 16, 11, and 24, 17, 15, 23, 23, 28, 25, 27, 27, 34, 27, 27, 34, 27, and 34.

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