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(영문) 서울중앙지방법원 2017.11.28 2015가단22067
건물철거 및 토지인도등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

A principal lawsuit shall also be deemed a principal lawsuit.

1. Basic facts

A. On June 14, 1999, the Plaintiff is a building of the Dongjak-gu Seoul Metropolitan Government E large 606.3 square meters and five-story neighborhood living facilities on its ground (hereinafter “Plaintiff building”).

(C) On October 14, 2008, the Plaintiff acquired the Plaintiff as a successful bidder at a voluntary auction, and on October 14, 2008, approximately 13.6 square meters in Dongjak-gu Seoul Metropolitan Government D (hereinafter “instant land”).

(2) On June 30, 2008, Defendant C acquired the instant land as a result of sale and purchase from around December 20, 2043. Since around December 20, 1943, the Plaintiff owned it without permission and continuously imposed indemnity on the Plaintiff’s land. The Plaintiff purchased it. (2) On April 29, 2008, Defendant C acquired a building of approximately KRW 290.9 square meters (hereinafter “Defendant land”) and a building of the fourth-story neighborhood living facilities (hereinafter “Defendant building”) adjacent to the instant land, for sale and purchase on February 27, 2008.

The defendant's land had a house since the 1970s, cancelled on May 6, 1994, the defendant's building was newly constructed on October 13, 1994, extended on August 3, 2007, and the defendant C purchased thereafter.

3) As a result of the survey on the instant land around February 11, 2014, the Plaintiff conducted a survey on the instant land, and thereby classified the instant land and the Defendant’s land (hereinafter “instant wall”).

ii)A part (a) of the ship (hereinafter referred to as “instant dispute land”) of 3.5 square meters (hereinafter referred to as “instant dispute land”) connected in sequence 1, 2, 3, and 1 of the attached reference sheet among the land in this case, the lines are protruding to a part of the instant land.

(4) The survey and appraisal conducted by the court on the ground that the fence owned by the Defendant was installed, and filed the instant lawsuit against the Defendant, including the removal of the fence on the land in question and delivery of the land in question on the land in question on the ground of the instant dispute. The survey and appraisal conducted by the court on the ground that the fence in this case was partially close to the land in question. The survey and appraisal conducted not based on the outer wall line of the wall, but on the basis of the outer wall line.

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