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(영문) 서울서부지방법원 2019.02.22 2017가단18494
기타(금전)
Text

1. The defendant shall pay to the plaintiff KRW 29,077,523 as well as the interest rate from the day following the day when this judgment is finalized to the day of complete payment.

Reasons

1. Facts of recognition;

A. Of the land of this case (hereinafter “instant land”), part of the real estate indicated in the separate sheet (hereinafter “instant housing”) is located on the part of 116 square meters in a ship that connects each point of 10,11,7,12, and 10 of the attached sheet among the land of this case (hereinafter “instant land”) and the real estate indicated in the separate sheet (hereinafter “instant housing”).

B. 1) On July 10, 1990, the Plaintiff completed the registration of ownership transfer under the name of 140.9/165 shares among the instant land and the instant housing. 2) As to the remaining 24.1/165 shares of the instant land, the registration of ownership transfer was completed on November 15, 1990 under the name of D (the birth of the Plaintiff’s wife) on November 18, 1994 (the Plaintiff’s mother as the Plaintiff’s mother).

E from November 18, 1994, from the date of this case and until the date of Seoul Northern-gu F and G land, E owns cement block structure, cement block structure, 25.08 square meters of cement block structure, 25.08 square meters of land, cement block structure, cement block structure, cement roof structure, and 1.54 square meters of land.

C. 1) On July 25, 2012, the Defendant completed the registration of ownership transfer for the instant housing owned by the Plaintiff on the ground of sale by compulsory auction on April 30, 2012. 2) As of the end, the part 1, 10, 12, 8, 9, and 1 of the instant land, which are linked in sequence to each of the instant parts and each of the instant items 1, 10, 12, 8, 9, and 1, are divided into a studs. However, at the time of the Defendant’s purchase of the instant housing, the instant land was installed with stone embankments close to the instant housing than the studs, and around April 5, 2015 through the Defendant’s new installation of a studs fence on around April 5, 2015.

The area between a stone fence (blug fence) and a luging fence shall be 6.6 square meters.

The remainder of 109.4 square meters (=16 square meters - 6.6 square meters) excluding 6.6 square meters in the part between stone embankments and luging fences among the two parts of the instant case (hereinafter referred to as “the first part of the instant case’s land”).

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