(영문) 서울동부지방법원 2019.10.16 2018나28732

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(영문) 서울동부지방법원 2019.10.16 2018나28732

소유권이전등기

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order to perform shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. D around May 8, 1990, around the same day, the registration of ownership transfer is completed on the land of Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “the Plaintiff’s land”) and its ground buildings (hereinafter “the Plaintiff’s building”).

The Plaintiff purchased the Plaintiff’s land and the instant building from D around November 8, 1999, and completed the registration of ownership transfer on December 7, 199.

B. Around May 18, 1983, F shall complete the registration of ownership transfer on the ground of the sale of Seongdong-gu Seoul, Seongdong-gu, Seoul (hereinafter “instant land”) and the building on its ground (hereinafter “instant Defendant building”).

Around September 12, 2008, the Defendant completed the registration of ownership transfer due to inheritance by agreement and division as of the instant land and the instant Defendant’s building on February 10, 2008.

(B) After this, the Defendant completed the registration of initial ownership on November 10, 2017 after removing the Defendant’s building and constructing the new building.

The Plaintiff’s building, among the Defendant’s land, was built with a part of 1.07 square meters in the ship connected each point of the attached Form 21, 22, 25, 24, and 21 (hereinafter “the part of the land in dispute”).

On the other hand, around March 2016, the Plaintiff installed the stairs going to the outside of the Plaintiff’s building of this case with the third floor, and the said stairs were installed in line with the part 1.38 square meters in the ship connected each point of the Defendant’s land in sequence with the indication of the attached drawing Nos. 6, 2728, 32, and 6 (hereinafter “the part of the land in this case”).

In the process of removing the Defendant’s building and constructing a new building, the Defendant came to know that part of the Plaintiff’s building of this case was invaded by part of the instant Defendant’s land. Around April 2017, the Defendant requested the Plaintiff to remove the part of the Defendant’s land attached to the instant building.

[Reasons for Recognition]

유사 판례

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