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(영문) 서울동부지방법원 2015.07.08 2014나7416
건물철거 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. As to the cause of claim

A. The facts of recognition 1) With respect to each of the lands listed in Table 1-A and Paragraph (b) of the annexed Table 1 (hereinafter “each of the instant lands”), the ownership transfer registration was completed in the future of G around April 1957, F on January 21, 1972, H on December 31, 1979, in the future of H on October 7, 1994, on December 26, 1996, the ownership transfer registration was completed in the Plaintiff’s name on the ground of inheritance by agreement on December 26, 1996. 2) The building management ledger on each of the instant lands included L in the building management ledger on the C of the instant land in the size of 54.34 square meters on the ground of the area of 54.34 square meters on the land in 1962, D was constructed on 37.95 square meters on the ground of soil walls in the future of 1967, 34.25 square meters on the above ground walls 2014.4

3) At present, five buildings (hereinafter “each of the instant buildings”) are located on each of the instant lands, as described in attached Table No. 2, and among them, each of the buildings listed on the building management ledger was extended after approval for use was granted, and the remainder of each of the buildings was used after being constructed without permission, and currently, the Defendant acquired the right to manage and dispose of the instant land from D and is managing and using each of the instant buildings. 4) The appraised value of the C land among each of the instant lands from June 24, 2010 to December 31, 2010 is KRW 2,056,000, KRW 3,901,000, KRW 4,121,000, KRW 4,514,003, KRW 4,514, KRW 14,000, KRW 14, KRW 15,014, KRW 205, KRW 14,015, KRW 2014, KRW 36, May 15, 2014

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7, Eul evidence No. 11 (including each number), the result of the court of first instance commissioning the appraiser J to the appraiser E of the court of first instance, the result of the court of first instance commissioning the appraiser E of the appraisal, the purport of the whole pleadings

B. The judgment of the defendant is in this case.

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