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(영문) 서울중앙지방법원 2018.12.21 2018가단5077650
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 1,140 square meters in Dongjak-gu Seoul Metropolitan Government, each point is indicated in the attached Form 1,85,84,83,82, and 1.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the instant land as a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of a reconstruction project of A apartment in a single unit, such as the Dongjak-gu Seoul Metropolitan Government D-Ma 42,478 square meters and C-1,140 square meters (hereinafter “instant land”). The Defendant is the owner of the instant land, which is the Dongjak-gu E-gu 291 square meters, building of 291 square meters and 112 square meters on its ground, which is adjacent to the instant

B. The Defendant, among the land owned by the Plaintiff, installed part of stairs and gates to reach the E-ground building on the site 20 square meters of the portion in the attached Form 1, 85, 84, 83, 82, and 1 among the land owned by the Plaintiff, in sequence, connected each point of 98, 7, 8, 94, 93, 95, 96, 97, and 98 in sequence, among the land owned by the Plaintiff, with each point of 11 square meters of the attached Form 98, 7, 8, 94, 91, 90, 89, 87, 94, 93, 92, 90, 89, 88, 87, and 96 in sequence, among the land owned by the Plaintiff,

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 10, the result of the survey and appraisal by appraiser G, the result of the on-site inspection by this court, the purport of the whole pleadings

2. According to the facts found by the Defendant’s removal and delivery duty, the Defendant installed stairs, gates, and building on each of the instant land owned by the Plaintiff without permission, and indicated in the attached drawing (1), (2), and (3) occupied the land and interfered with the Plaintiff’s exercise of ownership. As such, the Plaintiff is obligated to remove the stairs and gate parts installed in the attached drawing (1), (2), and (3) removed the stairs and gate parts installed in the attached drawing (2) and deliver the said

3. Defendant’s assertion and judgment

A. The asserted Defendant purchased land and buildings on April 20, 1991, F land and buildings on its ground on February 25, 1992, and occupied and used each year for 28 years and 27 years according to the boundary and current status at the time of purchase, and did not raise any problem on the side of the apartment at the time of construction and completion of A apartment in 195.

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