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(영문) 서울중앙지방법원 2019.08.29 2018가단28646
토지인도 및 담장철거등 청구의 소
Text

1. The plaintiff (appointed)'s claim is dismissed, respectively.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On October 13, 1983, the mother of the Plaintiff (Appointed Party) and the Selection C acquired the ownership of the Gangnam-gu Seoul Metropolitan Government D large 222.7 square meters (hereinafter “Plaintiff’s land”) and completed the registration of ownership transfer on September 15, 2010 after he donated it to the Plaintiff (Appointed Party) and the Selection C.

B. Around April 10, 2004, the Defendant owned 284.6 square meters in Gangnam-gu Seoul, Seoul, which was owned by the Defendant, but was merged into G, and thereafter, the Defendant owned 565.4 square meters in Gangnam-gu, Seoul.

C. The Plaintiff (Appointed Party) and the Appointed C (the first owner was F and was changed thereafter) newly constructed the building on the Plaintiff’s land and the 6th floor above the ground, and obtained approval for use on December 8, 2010.

Plaintiff

There is a wall between the land and the Defendant’s land (hereinafter “the wall of this case”). A part of the wall of this case, as indicated in the attached Form 2, is left toward the direction of the Plaintiff’s land.

(B) On the basis of the No. 2 Map No. 1, the boundary point of the land at the Plaintiff’s land, the central line of the wall at 0.14m and 0.20m. [The ground for recognition] [The ground for recognition] of absence of dispute, the entry of the evidence No. 3-1, No. 2, No. 4-2, No. 5-2, and No. 2, the video of No. 5, the court’s entrustment of measurement, appraisal, and supplementation to H (Expert I), the purport of the entire pleadings.

2. Determination as to the removal of a fence and the claim for land delivery

A. The plaintiff (Appointed Party) asserts that since the fence of this case is placed on the plaintiff's land and the defendant illegally occupies 1.9 square meters of the plaintiff's land, the defendant is obligated to remove the fence of this case and deliver the part of the plaintiff's land where the fence of this case is installed to the plaintiff (Appointed Party) and the Appointed C.

B. The fence of the instant case is located on the ground of the Plaintiff’s land.

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