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(영문) 인천지방법원 2017.11.08 2016가단208715
건물
Text

1. Of buildings on the ground of 160.6 square meters in Nam-gu Incheon Metropolitan City (an officetel of five stories above the ground and a total floor area of 675 square meters);

A. Defendant B.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner who completed the registration of ownership transfer on June 21, 2004 with respect to the 160.6 square meters in Nam-gu Incheon Metropolitan City (hereinafter “instant site”).

B. As to ① the ownership transfer registration under the name of Y on July 3, 200 with respect to the Nam-gu Incheon Metropolitan City X 21 square meters adjacent to the instant building site, the ownership transfer registration was completed in the name of Z on October 31, 2002, ③ the ownership transfer registration was completed in the name of Z on September 8, 2004, and ④ the ownership transfer registration was completed in the name of Defendant F Co., Ltd. on March 18, 2008.

C. Around October 2000, Y obtained a construction permit from the office of Nam-gu, Incheon, to build a new building with respect to X-21 square meters in Nam-gu, Incheon, with a building area of 163.92 square meters, total floor area of 553.02 square meters, and DefendantY, with a building owner.

On the instant land, an officetel (the total floor area of 675 square meters, hereinafter referred to as the “instant building”) was newly constructed on the 5th floor above the instant building, and the instant building is actually used as one building in connection with the building on the said X site.

E. On December 9, 2010, the Plaintiff filed a lawsuit against Defendant F andY on the removal of the instant building and delivery of the pertinent part of the instant site as a removal of interference based on the ownership of the instant site, and was sentenced to a favorable judgment against Defendant F andY, which was rendered on December 9, 2010. The said judgment became final and conclusive after the appellate court and the final appeal.

F. Meanwhile, the Defendants’ possession of the building on the ground of the instant site is as follows.

1) Defendant F Co., Ltd.: An appraisal in the attached Form No. 3 (2 floor above the ground) 6, 7, 8, 9, and 6 connected each point in the order of 8.0 square meters (203 2) in the part caused by the disaster in the ship: The attached Form No. 4 (4 floor above the ground) 6, 7, 8, 9, and 6; in order of the appraisal in the attached Form No. 3 (2) 6, 7, 8, 9, and 6, the part caused by the accident in the ship connecting each point of 8.0 square meters (4 floor above the ground) 103, Defendant C (103) Da (201), Defendant E (202) 202 (210), Defendant I (301), Defendant J. 302), Defendant D (309) 401, Defendant D (309) 402, Defendant D (309) 402.2.

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