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(영문) 서울북부지방법원 2014.12.16 2013나4751
건물철거 및 토지인도등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On December 24, 1973, Nonparty F changed the Defendant’s land and building ownership to 24 square meters before Dongdaemun-gu Seoul, Dongdaemun-gu (the administrative district was changed to 24 square meters after it was changed to 24 square meters);

shall be indicated collectively as "Jang-gu".

(2) On September 12, 1980, H completed the registration of ownership transfer on each of the above lands and the above ground buildings, and H completed the registration of ownership transfer on November 9, 1982 on each of the above lands and the building on each of the above lands and the building on each of the above lands and the building on each of the above lands and the building on each of the above lands and the building on each of the above lands and the building on 11th Hobbes, Hobbes, 9. The 24th G in Jung-gu, Seoul. around July 23, 1979.

3) Meanwhile, among each of the above lands and above-ground buildings purchased by the Defendant, ① 63 square meters in Seoul Jung-gu G-gu is incorporated into a road as a result of an urban planning project and was expropriated on July 29, 1994. ② Buildings 11 square meters, Hobbes, Hobs, 9 (36.9 square meters) in Seoul Jung-gu, Jung-gu, Seoul, Seoul, as part of the building due to the implementation of an urban planning project on February 12, 1996, due to partial destruction of the building, change of lot number, etc. (hereinafter “instant building”).

B) Around February 29, 1996, the registration of change in indication was completed on the Plaintiff’s land. On the other hand, the Plaintiff owned the Plaintiff’s land on December 19, 201 with respect to 3/7 shares out of 59 square meters adjacent to the land owned by the Defendant, and on December 29, 2001 with respect to the remaining 4/7 shares, the registration of change in indication was completed on the grounds of each transaction on December 29, 2001.

A) The building is occupied and used as the site of the instant building. [The fact that there is no dispute over the grounds for recognition, and Nos. 1 through 1.

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