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(영문) 서울서부지방법원 2018.05.29 2017가단16665
건물등철거
Text

1.(a)

The defendant, among the 138 square meters in Mapo-gu Seoul Metropolitan Government, has each point in the attached Form 1, 2, 3, 4, 5, and 1.

Reasons

Facts of recognition

The party-related Plaintiff is the owner who completed the registration of ownership transfer as Seoul Western District Court on December 24, 2002 and as Seoul Western District Court No. 3849 on January 25, 2003 on the ground of sale on December 24, 2002.

The Defendant is an owner who completed the registration of ownership transfer under Article 4391 of the aforementioned registry office on February 5, 1982 as a ground for inheritance of property due to consultation and division on September 13, 1968, with respect to the wooden and coagu building on the land of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “D”) and the 12 square meters building on the ground.

The current status D ground buildings are constructed by the Defendant’s lighting, and owned the preservation registration in around 1964 after obtaining approval for use on June 7, 1959, and the Defendant was inherited and owned until the closing of the argument in the instant case. A part of the building was owned by the Defendant, which was owned by the time of the completion of the argument in the instant case. A part of the building was connected with each of the items in the attached Form 1, 2, 3, 4, 5, and 1 among the instant land, which is neighboring land due to the collision of the boundary of the cadastral line of the building site, over the ground.

The instant land was owned by a non-third party at the time of around 1964, and on July 9, 1997, the Korea Airport Corporation acquired the ownership of the land (the transfer of ownership to the Korea Airport Corporation as a corporate merger in around 1999), and on December 24, 2002, the Plaintiff acquired the ownership of the land.

[Ground of recognition] Each of Gap evidence Nos. 1, 2, 3, 5, and Eul evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the result of the court's request for appraisal of appraiser F of the appraiser F of this court, based on the determination of the cause of request for appraisal of the entire pleadings and the fact of recognition of the duty to remove buildings and transfer land, the above part of Eul's ground building owned by the defendant is constructed with the violation of part (a) of the land of this case owned by the plaintiff.

Therefore, the defendant, except in special circumstances, shall raise objection to the plaintiff.

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