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(영문) 서울중앙지방법원 2018.10.18 2017나71064
구조물 철거, 인도 및 부당이득금 반환
Text

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

Defendant B’s appraisal in attached Form 1, 2, 7, 8, 1-1 to the Plaintiff.

Reasons

1. Basic facts

A. With respect to the first floor F of the E-building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “Plaintiff’s store”), the registration of ownership transfer was made in the name of the Plaintiff on June 30, 2015, and with respect to the said building G (hereinafter “Defendant’s store”), on October 28, 2010, respectively in the name of the Defendant B.

B. On July 27, 2015, Defendant B entered into a lease agreement setting the rental period of 12 months with respect to Defendant C and Defendant shop.

C. On January 1, 2018, Defendant B entered into a lease agreement with Defendant C’s assignee (hereinafter “participating”) on the Defendant’s shop.

The number, structure, location, and area of each sectional store in the first floor of the instant building are stated in the aggregate building register prepared on July 19, 2002, as shown in the attached appraisal sheet.

E. The portion on the ship that connects each point of 1, 2, 7, 8, and 1 in the annexed sheet is 0.13 square meters, and the portion on the ship that connects each point of 2, 3, 6, 7, and 2 of the same appraisal sheet to each point of 0.70 square meters and the same appraisal sheet are 0.10 square meters in sequence and 0.10 square meters in the ship that connects each point of 3, 4, 5, 6, and 3 (hereinafter the above A, 2, 2, and 3 collectively referred to as “the part over the boundary of this case”) with the part on the above collective building ledger, and is included in the Defendant shop.

[Ground of Recognition] A without dispute, Gap evidence 3 through 5 (including each number), 9, 13, Eul evidence 17, the result of the on-site inspection by the court of first instance, the result of the survey and appraisal by the court of first instance, the result of the survey and appraisal by the appraiser H of the first instance court, the order and reply to submit tax information on the South Seodaemun, and the purport of the whole pleadings

2. Determination on removal and request for extradition

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, Defendant B, the owner of the Plaintiff’s shop, is obligated to remove the facilities and structures installed in the part over the boundary of this case.

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