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(영문) 춘천지방법원 강릉지원 2021.02.09 2020가단33496
건물등철거
Text

1. The Defendant: (a) is not less than 771m2 in Gangseo-si, Gangnam-si; (b)

(a)each point of the separate sheet No. 18, 19, 21, 22, 23, and 18.

Reasons

1. Basic facts

A. On August 20, 199, the Defendant completed the registration of the transfer of ownership on the ground of the purchase and sale on August 19, 199, with respect to the 612 square meters in Gangnam-si D (hereinafter “Defendant’s land”). On June 20, 2001, the Defendant acquired the unregistered wooden house (hereinafter “Defendant’s housing”) on the ground.

B. On May 19, 2016, the Plaintiff: (a) filed for registration of the transfer of ownership on the grounds of each transaction with respect to one-half share of 1/2 shares among the Plaintiff’s land located in Gangseo-si C large 771 square meters (hereinafter “Plaintiff’s land”); (b) on October 12, 2016, the Plaintiff installed a stone shed (hereinafter “the instant stone shed”) on the left-hand side of the Plaintiff’s land along with the line connected with each point of the Plaintiff’s land in sequence of 18,23, 22, 22, 21, 19, 20, 20, 120, 12, and 3, among the Plaintiff’s land from around that time to December 2017.

(c)

Of the Plaintiff’s land, the part (A) part of the Plaintiff’s land connected with each point of 18,19,21,22,23, and 18, which is the right side of the instant stone shed, was a concrete package prior to the Plaintiff’s acquisition of ownership, and is currently being used as a marina and storage for the instant Defendant’s housing (hereinafter “the instant part of the instant concrete package”) (hereinafter “the instant concrete package”) or “the instant concrete package site”). In addition, the part (B) of the Plaintiff’s land, which connects each point of 17,18,23,24, and 17, among the Plaintiff’s land, was constructed as the wife of the instant Defendant’s housing unit (hereinafter “the instant part” or “the instant wife”).

On the other hand, on December 31, 2019, the defendant filed a lawsuit against the plaintiff as the court 2019Ga 4683, which sought confirmation of the right to passage over surrounding land 3 meters wide, removal of part of the instant stone axis, prohibition of passage obstruction, etc., and was sentenced to a judgment dismissing the claim on November 4, 2020 (which is currently pending in the appellate court) (the ground for recognition) (the fact that there is no dispute over the appeal).

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