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(영문) 서울중앙지방법원 2020.08.19 2018가단5079328
통행방해금지 등
Text

1. The Defendants jointly share to Plaintiffs A, B, C, and D each KRW 732,50, Plaintiff E, H, and I respectively, KRW 517,500, Plaintiff F, respectively.

Reasons

1. Basic facts

A. The Plaintiff’s land and the construction work of the building on its ground (the instant building) are as follows: (a) the Plaintiffs are Seocho-gu Seoul Metropolitan Government Lbubage 249.8 square meters (hereinafter “Plaintiff’s land”).

(C) Co-owners are as follows (M is the mother of Plaintiff A, B, C, and D). On November 25, 1977, the owner of the date of receipt of the registration for cause for registration, N on May 17, 1978, N (OB transfer) on July 19, 1979: Plaintiff B/4 on October 18, 1983, and Plaintiff B/4 on October 18, 1983, and Plaintiff B/4 on May 10, 197, the total floor area of Plaintiff B/4 on May 10, 197 was removed from Plaintiff B/10 on May 10, 197, and Plaintiff C/4 on July 20, 196, 05: on October 16, 1983.

The Plaintiffs entered into a contract for construction works with R Co., Ltd. on February 9, 2018 (hereinafter “instant construction works”) and filed a report on the commencement of construction works on February 20, 2018, and thereafter performed the said construction works from around that time.

B. The Defendant’s site and its ground building 1) Defendant J is the Seocho-gu Seoul Metropolitan Government 182.8 square meters adjacent to the Plaintiff’s site (hereinafter “Defendant’s site”).

The ownership relationship between the Defendant’s site and the owner is as follows. On May 10, 1978, the owner of the date when the reason for registration was received, the apartment house with three floors is constructed on the Defendant’s land on July 19, 1978, trading on July 17, 1978, and on August 30, 2002. The Defendant J 2 was built on the Defendant’s land. As to this, theO completed the registration of ownership preservation on July 5, 1994. The Defendant J completed the registration of ownership preservation on August 30, 202.

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