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(영문) 서울동부지방법원 2019.01.15 2018가단108750
건물등철거
Text

1. The Defendant shall, in order to the Plaintiff, each point indicated in the attached Form No. 5, 6, 7, 8, and 5 among the area of 21.2 square meters in Seongdong-gu Seoul Metropolitan Government.

Reasons

1. In full view of the purport of the argument as a result of the appraisal commission with respect to Party A’s written evidence Nos. 1 and 2, and with respect to the Handong branch of the Korea Land Information Corporation, the Plaintiff is the owner of 103.67/150 of Seongdong-gu Seoul, Seongdong-gu, Seoul and the owner of a building not registered on the above ground. The Defendant is the owner of Seongdong-gu, Seongdong-gu, Seoul and the owner of a building not registered on the above ground; the Defendant’s unregistered building owned by the Defendant is the owner of a building not registered on the above ground; and the fact that the Plaintiff occupied the portion (B) of the attached drawing Nos. 5, 6, 7, 8, and 5 of the above land owned by the Plaintiff, which was connected in order to each point of the above land owned by the Plaintiff.

Therefore, since the Defendant occupies the instant land without any legal ground, it is obligated to remove the building owned by the Defendant located on the said land and return the said land to the Plaintiff, a co-owner.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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