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(영문) 서울동부지방법원 2015.07.03 2014나23401
구조물철거 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is (1) the plaintiffs, and (3) the Seongdong-gu Seoul Metropolitan Government D Large 1051m2.

Reasons

1.There is no dispute between the parties to the facts of recognition, or the following facts are acknowledged in full view of Gap evidence 1, 2, 3, and 5 (including, if any, branches number) and the results of the survey and appraisal conducted by the first instance court appraiser G, as a result of the survey and appraisal conducted by the first instance court appraiser G, with the overall purport of the arguments.

A. The Plaintiff A completed the registration of ownership transfer based on inheritance on December 29, 1999 with respect to 1/2 shares of each of the 1/2 shares of Seongdong-gu Seoul Seongdong-gu 1051 square meters (hereinafter “instant land”). The Plaintiff B completed the registration of ownership transfer based on donation on December 29, 2005.

B. On March 13, 1997, Nonparty Co., Ltd. completed the registration of ownership transfer with respect to F. F. 532.3 square meters (hereinafter “the adjoining land of this case”). The registration of ownership transfer with respect to the adjoining land of this case was completed on the neighboring land of this case, newly constructed reinforced concrete building, Pyeongtaekbrobro 7 floor business facilities and neighborhood living facilities (hereinafter “the building of this case”) and completed the registration of ownership preservation on February 27, 1999. The registration of ownership transfer was completed on January 7, 2008 by dividing the company and establishing the Defendant Company. On January 16, 2008, the registration of ownership transfer was completed in the name of the Defendant Company on the grounds of corporate division.

C. During the construction of the instant building, E Co., Ltd. installed fireproof structure, container structure, drainage structure, boundary stone, etc. across the instant land and neighboring land, and invaded the instant land. Of each of the above structures, E Co., Ltd. No. 1.

(1) Each of the structures (total size of 6.4 square meters) in (b), (c), (d), (e), (f), and (g) part of the port of this case (total area of 6.4 square meters) is installed in the area of this case.

In the case where there is no deposit of 6.3 square meters of the above (b), (c), (d), (e), (f), and (g) part 6.4 square meters of the land of this case, the rent price for which is installed in a f.3 square meters of the land of this case is as follows.

The monthly rent for the period of the sequence 1 from June 14, 2003 to December 31, 2003 to December 31, 2003 to December 111, 20002 to December 31, 2004 to December 31, 31, 2004 to December 31, 2004 to December 31, 2004, 119,000 to December 19, 2003.

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