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의정부지방법원 2016.09.09 2015나7634

건물철거 및 토지인도

Text

1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked;

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2...

Reasons

1. The judgment of the court of first instance cited the plaintiff's main claim and dismissed the defendants' main claim and the defendants' main claim and only the defendants filed an appeal as to the main claim. Thus, the only claim of this case is subject to the judgment of the court of first instance.

2. Basic facts

A. The Plaintiff is the owner of the instant land, and the instant land is adjacent to F and G land (hereinafter “instant adjacent land”) in Namyang-si, Namyang-si, and Defendant C is the owner of the said G land, and Defendant B is the owner of the said G land.

B. 1) The instant land and adjoining land were originally owned by H. The right to collateral security was established. The Defendants purchased each adjacent land from H on December 18, 1996 in order to construct a new building on the instant adjacent land, etc., and completed the registration of ownership transfer. 2) After the commencement of voluntary auction procedure based on the right to collateral security on the instant land and adjoining land. On March 23, 2005, the Plaintiff purchased the instant land and adjoining land, and paid the sale price on April 25, 2005, and the ownership transfer registration was completed on April 25, 2005.

3) Accordingly, the Defendants again purchased the adjoining land of this case from the Plaintiff in order to use and benefit from the building on the adjoining land of this case. Defendant C purchased the land on January 8, 2008, and Defendant B completed each registration of ownership transfer as to the above G land on December 10, 207. C. The developments leading up to the installation of the retaining wall of this case and location 1) The land of this case was higher than that of the adjoining land than that of this case, thereby causing ground erosion.

At the time of purchase of the adjoining land from H, the Defendants installed a concrete retaining wall (hereinafter “the retaining wall of this case”) around the boundary of the instant land and the adjoining land.

2. The retaining wall of this case and the land of this case are the retaining wall of this case.