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(영문) 서울북부지방법원 2014.07.17 2013가단9410
건물철거등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) KRW 3,00,000 and its interest shall be repaid from June 1, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff owned a building owned by the Plaintiff on the ground as the owner who completed the registration of ownership transfer on June 26, 1973 with respect to the Dongdaemun-gu Seoul Metropolitan Government 29.8 square meters (hereinafter “instant 1”).

B. On October 7, 201, the Defendant donated the Dongdaemun-gu Seoul, Dongdaemun-gu Seoul (hereinafter “instant 2 land”) to E, and completed the registration of ownership transfer on October 7, 201, and purchased from G the F 33.1 square meters (hereinafter “instant 3 land”) and the building 23.1406 square meters (hereinafter “instant unauthorized building”) without permission on the said land, and completed the registration of ownership transfer on October 24, 1997, on the ground of sale on October 21, 1997.

C. G completed the registration of ownership transfer on August 23, 1985 on the ground of inheritance by agreement and division on June 17, 1983 with respect to the instant land and the instant unauthorized building.

However, around June 20, 1970, the building without permission of this case was actually constructed with an indication of drawings Nos. 1, 2, 3, 4, and 1.24 square meters in the ship connected each point in sequence, among the land No. 1 in this case (hereinafter “the part of the land No. 1 in this case”).

E. In addition, the Plaintiff’s building, which was constructed on the instant land No. 1, was actually constructed around June 20, 1970 on the following grounds: (a) an indication of drawings Nos. 2, 2, 3, 4, and 2.3 square meters inboard connected each point in sequence, among the instant land No. 2; and (b) a part of the instant land No. 2.3 square meters inboard connected each point (hereinafter “the instant

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, 8, 9, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. According to the above facts of determination as to the cause of the claim, the Defendant, the owner of the building without permission of this case, occupies the part of the land in the instant case owned by the Plaintiff, barring any special circumstance, and thus, the Plaintiff was built in violation of the part of the land in the instant case 1.

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