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(영문) 서울서부지방법원 2013.12.26 2012가단11955
건물철거등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the year and Switzerland of Yongsan-gu Seoul Metropolitan Government D and E ground;

Reasons

【Judgment on the Merits】

1. Facts of recognition;

A. On July 12, 2011, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) completed the registration of ownership transfer due to inheritance by agreement and division on November 9, 201, with respect to each of 1/2 shares of Yongsan-gu Seoul Special Metropolitan City E-Road 182 square meters (hereinafter “instant land”).

B. The Defendant (Counterclaim Plaintiff, hereinafter “Defendant”) completed the registration of ownership transfer on October 20, 2003 with respect to D and its ground buildings adjacent to the instant land (hereinafter “instant building”).

C. The building of this case is constructed with an indication of drawings, 1, 2, 3, 4, 5, 6, 7, 6, 7, 6, and 41 square meters of underground floor(a), 2, 36 square meters of the part(b) of the building of this case, 36 square meters of the 1st floor of the building, and with the indication of drawings, 1, 2, 2, 3, 3, 4, 4, 5, 6, 7, 6, and 1 in sequence connected with each of the items(a), 41 square meters of underground floor(a), 2, 36 square meters of the building of this case, 1, 36 square meters of the 20th floor of the building of this case, which are successively connected with each of the items(c) of 1, 22, 36, 6,

[Ground of recognition] Unsatisfy, Results of appraisal by appraiser G, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, as long as the defendant does not prove as the owner of the building of this case the right to possess the part of this case owned by the plaintiffs as the owner of the building of this case, it is ordered

As indicated in Paragraph (1), the part of the building occupied by the instant case is removed, and the occupied part of the instant case is obligated to be delivered to the Plaintiffs.

3. The defendant's defense and judgment on it

A. The Defendant asserts that, as the Defendant acquired by prescription the part of the possession of the instant case, it cannot accept the Plaintiffs’ claim.

As to the acquisition by prescription of the substitute real property, the ownership was acquired unless the period of continuous possession has been completed for twenty years, but the ownership was not registered.

(2) the owner at the time of completion of the statute of limitations.

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