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(영문) 서울중앙지방법원 2020.08.20 2019가단5143400
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the attached list, the annexed drawings shall be indicated among the land of 33.1 square meters in Jung-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. On September 24, 2013, the Plaintiff completed the registration of ownership transfer with respect to the land of Jung-gu Seoul, Jung-gu, Seoul (hereinafter “instant land”).

B. On May 13, 2010, the Defendant completed each registration of the ownership transfer with respect to the buildings indicated in the attached list (hereinafter “instant building”) adjacent to the instant land, Jung-gu Seoul Metropolitan Government D Site and its ground.

C. The instant building is a 2nd floor building, and is constructed with a part of 6.1 square meters in a ship (b) which connects each point of the attached drawing Nos. 1, 5, 6, 4, and 1 among the instant land in sequence.

(hereinafter referred to as the above, the building in the affected part is called the “building in the affected part of this case”, and the affected part of the land is called the “land in the affected part of this case” (hereinafter referred to as the “land in the affected part of this case”). However, another building is constructed in the space of 3 and 4 floors of the land in the affected part of this case.

(See 16-17 pages). 【No dispute over the ground for recognition】 【No dispute over the ground for recognition, entry of Gap 1-3 evidence (including a provisional number), the result of this court’s request for a survey by the Vice Governor of the Seoul Vice Governor of the Korea National Land Information Corporation, the result of the commission for a survey by the E appraiser office, the purport of the entire pleadings.

2. Determination as to a request for removal of buildings and delivery of land

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to remove the part of the instant crime and deliver the land of the instant crime to the Plaintiff, the owner of the instant land, as long as he/she did not assert the source of right to possess the land of the instant crime, since the Defendant occupied the land of the instant crime owned by the Plaintiff for the purpose of owning the instant building.

B. The summary of the Defendant’s assertion 1 as to the Defendant’s assertion is smaller than 6.1 square meters, and the width is narrow and long, there is no particular benefit to the Plaintiff even if the part of the instant part of the instant part of the instant part of the instant part of the building. On the other hand, the instant part of the instant part of the instant part of the building was invaded before the Defendant purchased.

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