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(영문) 서울고등법원 2019.04.12 2018나2063489
건물등철거
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building with a large scale of 433 square meters (hereinafter “Plaintiff’s land”) in Yongsan-gu Seoul Metropolitan Government (hereinafter “Cdong”) and the second floor above that ground, and the Defendant is a sectional owner of Gaggra with a large of 122 square meters and a F large of 469 square meters on land.

B. The Defendant and the sectional owners of GGD (hereinafter “instant building owners”) determined to implement the instant construction project by removing GGD and newly constructing H’s lending of the first floor and the eighth floor above ground (hereinafter “H”) on the instant site (hereinafter “instant reconstruction loan”) and by selling it in units, and obtained a construction permit from the head of Yongsan-gu Seoul Metropolitan Government on September 7, 2012 from the head of Yongsan-gu Seoul Metropolitan Government.

On February 27, 2013, the instant building owner entered into a regular club business agreement on the instant reconstruction project, and the name of the association was “I Reconstruction Promotion Committee” (hereinafter “the instant association”), and the representative was respectively the Defendant.

C. During the construction process of the instant construction project, the Plaintiff left a fence owned by the Plaintiff, which achieved a boundary between the Plaintiff’s land and GD site due to the instant construction project, and continuously resisted the Plaintiff’s land, and the instant construction site infringed on the Plaintiff’s land. In this regard, the Plaintiff and the Defendant, on July 2, 2013, prepared a written confirmation (No. 6, hereinafter “instant confirmation”) as follows, and then a notary public was notarized by Law Firm M, etc. (No. 517, 2013).

2 Purpose

1. Part of the land of Yongsan-gu, E, and K and part of the land of Yongsan-gu, E and K shall be registered with the land of the plaintiff immediately after the partition is registered;

(If there is no legal defect). 2. The installation of a fence by August 5, 2013 shall be installed until August 5, 2013, and the height shall be 2 meters.

(F) The upper end of the forest seems to be a clerical error in the “E” on the 3rd side.

KD F 4 pages F. F. F. Construction of new buildings of F.

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