beta
Text
1. The judgment of the first instance, including the claim that the Plaintiff changed to exchange, is modified as follows.
(a)in this case;
Reasons
1. Basic facts
A. On March 24, 2017, the Plaintiff purchased the pertinent land and acquired its ownership in a compulsory auction procedure with respect to 19 square meters of land (hereinafter “the Plaintiff’s land”). On March 27, 2017, the Plaintiff completed the registration of the transfer of ownership on the said land.
B. The Defendant owned the 2nd floor of the brick slve roof C (hereinafter “Defendant Housing”) on the ground before the Plaintiff acquired the Plaintiff’s land ownership from the date of the conclusion of the instant pleadings until the date of the conclusion of pleadings.
(c)
The Plaintiff’s land and C’s land are in line with each other. At present, the portion of “A” part of the attached Table 2, 3, 4, 30, 26, 27, and 2 that connects each point of the Plaintiff’s land among the Plaintiff’s land of this case is installed in the stairs, balconys, etc. of the Defendant’s housing, and the portion of “B” connecting each point of 32,34, 33, and 32, the same appraisal is installed in the part of “B,” which connects each point of 32, 34, 33, and 32, a balcony of the Defendant’s housing site of this case (hereinafter “the part of the Defendant’s housing site of this case”) is located. D.
Before filing the instant lawsuit against the Defendant, the Plaintiff removed gates installed on the line that connects each point of the attached 2, 11 among the Defendant’s housing units in the order of reference indicated in the attached 2, 11, and the fence installed on the line that connects each point of the attached 8, 7, 6, and 5, and the same reference also, and removed gates installed on the line that connects each point of the attached 12, 13, 14, 15, and 12, and delivers the Plaintiff’s land. The Plaintiff’s land was handed over from the date of acquiring the Plaintiff’s ownership to the date of delivery of the said land. The Plaintiff’s judgment was rendered in favor of the Plaintiff on January 25, 2018, and the said judgment became final and conclusive on February 14, 2018 (the aforementioned judgment became final and conclusive on February 14, 2018.