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(영문) 서울중앙지방법원 2019.01.08 2017가단5164113
건물철거 등
Text

1. Defendant B indicated in the attached Form No. 13, 14, 15, 16, 17, 18, 19, 20, 4, 3, and 13 among the land size of 179 square meters in Seoul Jung-gu, Seoul.

Reasons

1. Basic facts

A. On June 20, 2012, the Plaintiff completed the registration of transfer of ownership with respect to F.F. 179 square meters (hereinafter “Plaintiff’s land”).

B. On December 8, 1965, net G purchases land of H large 111 square meters and I large 31 square meters (hereinafter collectively referred to as “Defendant’s land”) and its ground buildings (hereinafter referred to as “former building”), and completed the registration of ownership transfer on each of the above real estate around December 1965.

C. On November 2001, the net G completed the registration of initial ownership on the Defendant’s building on December 29, 201, to remove the old building, to build the new building on the site (hereinafter “Defendant’s building”).

As above, among the Defendant building newly built, 13, 14, 15, 16, 17, 18, 19, 20, 4, 3, and 13, the part of “bbb” in the part of “B” on the ground of the “B” shall be 15 square meters away from the Plaintiff’s land.

(B) Of the Defendant’s building, the part on which the Plaintiff’s land was infringed is “the instant bed building” and the Plaintiff’s land that was infringed is “the instant bed land”). E.

The deceased on March 17, 2012, the deceased on March 17, 2012, and the deceased on inheritance of Defendant C, D, and E’s children, and completed the registration of ownership transfer on October 11, 2012.

F. Defendant B has long run the “J” by leasing the Defendant’s building.

[Ground for Recognition] Defendant B: (a) the fact that there is no dispute over Defendant C, D, and E; (b) evidence Nos. 1 through 3; (c) evidence Nos. 1-1, 2; and (c) evidence Nos. 2 and 7; (c) the result of a request for surveying appraisal to the Vice Governor of Seoul Special Metropolitan City of the Korea Land Information Corporation; and (d) the purport of the entire pleadings.

2. Determination as to the defendants' request for eviction, removal and delivery

A. According to the above facts of determination as to the cause of the claim, unless the Defendants did not prove the lawful source of right to possess the affected building in relation to the affected building of this case.

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