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(영문) 부산지방법원 2016.10.25 2014가단252913
건물등철거
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the area of 112.4 square meters in Busan Jung-gu, Busan Jung-gu, 9, 10, 6.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 19, 2014, the Plaintiff is the Plaintiff’s land indicated in attached Table 1 (hereinafter “instant land”).

(2) The building described in paragraphs (2) and (3) (hereinafter referred to as “the Plaintiff’s building”).

(2) On September 26, 2012, the Defendant completed the registration of transfer of ownership based on sale as to 1/2 shares and 1/2 shares among the land listed in attached Table No. 3 (hereinafter “Defendant’s land”) listed in attached Table No. 3 (hereinafter “instant land”), and completed the registration of transfer of ownership based on sale as to 1/2 shares among the instant Defendant’s land and 1/2 shares among the instant Defendant’s building, and completed the registration of transfer of ownership based on sale.

B. Boundary 1) Of the Plaintiff’s land in this case, part (B) of 5.8 square meters in the ship (hereinafter “instant part of Defendant 1”) connected each point of Annex 9, 10, 6, 7, and 9, the annexed drawing Nos. 1 among the Plaintiff’s land.

3) On the ground, the retaining wall and fence leading to the Defendant’s building (hereinafter “instant retaining wall, etc.”) are located on the ground.

(C)A section (c) of 3.7 square meters inboard (hereinafter referred to as “instant part of Defendant 2”) which has been installed and connects each point of 8,9,7,7, and8 with the same drawings in sequence.

(2) Of the Defendant’s land, the Defendant occupied and used the instant land without authority. 2) On the ground of the section (A) of 22.1 square meters which connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the Defendant’s land, the lower part of the instant land was installed with the walls and fences of the third floor building among the instant Plaintiff’s instant land (hereinafter “instant bedroom”).

[Ground of recognition] Facts without dispute, Gap 1 through 3, and Eul 1 through 4 (including branch numbers), the result of the verification by this court, the result of each request for surveying and appraisal to the Busan Vice-Governor of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the principal claim.

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