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(영문) 서울중앙지방법원 2016.12.16 2015가합1142
손해배상(기) 등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiffs' primary claims are dismissed.

3...

Reasons

1. Basic facts

A. On April 10, 2007, the Defendants and Non-Party F purchased forest H 9,256 square meters in Gyeonggi-gu, Gyeonggi-do, GJ on April 10, 200, and completed each registration of ownership transfer with respect to Defendant D and F’s shares 3,085 square meters in each of 9,256, and 3086 percent in each of Defendant E E’s shares.

B. Around September 2010, the Defendants and F installed reinforced block (hereinafter “instant reinforced block”) on the boundary line of 2,869 square meters and adjacent land, which is an adjacent land, with the permission of conversion of a mountainous district for the purpose of opening a parking lot on the said land.

C. On November 2, 2010, the Defendants and F divided the instant land into H forest 5,016 square meters (hereinafter “instant land”), J forest 824 square meters, and K forest 3,416 square meters, respectively. On the same day, the instant land category was changed to a parking lot.

Afterwards, the Defendants and F divided the common property by transferring the entire share of the instant land to F on February 14, 2011.

E. On February 15, 2011, F divided the instant land into H 693 square meters, L parking lot 743 square meters, M parking lot 743 square meters, N parking lot 825 square meters,O parking lot 816 square meters, P parking lot 845 square meters, and Q parking lot 351 square meters, respectively.

F. From F, on March 25, 201, Plaintiff A purchased 743 square meters in MM parking lot, Plaintiff B purchased 825 square meters in N parking lot on May 12, 201, and Plaintiff C purchased 816 square meters in O parking lot and 845 square meters in P parking lot on June 13, 2011, and completed the registration of ownership transfer around that time.

G. On November 29, 2012, R, an owner of 2,869 square meters adjacent to the instant land, filed a lawsuit against the Plaintiffs on the grounds that the instant reinforcement block installed on each of the instant land owned by the Plaintiffs infringed on one’s own land and is likely to collapse immediately. According to the results of the appraisal conducted in the said lawsuit, R, an owner of 2,869 square meters adjacent to the instant land, filed a lawsuit seeking to remove the part of the instant reinforcement block, which was located on one’s own land. According to the appraisal conducted in the said lawsuit, it was confirmed that part of the land owned by the Plaintiffs, on which the reinforcement block was installed, was partly invaded on the R’s land and that there was

2.3

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