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(영문) 전주지방법원 2019.07.26 2018나4430
건물등철거
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 24, 2003, the registration of ownership transfer in the name of the Defendant was completed with respect to the 194 square meters of Jeonjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which was owned by F. The registration of ownership transfer was completed on April 8, 2005, and the registration of ownership transfer was completed on April 6, 2006 with respect to the Plaintiff’s wife D and the Plaintiff’s share of one half of the above land.

(hereinafter referred to as “Plaintiff’s land”) B.

Plaintiff

The land is adjacent to 181 square meters in Geumcheon-gu, Seoul Special Metropolitan City. On March 31, 1994, H newly constructed a building listed in the attached list on the land and obtained approval for use on December 12, 2003. On December 24, 2003, the Defendant completed the registration of ownership transfer on the land and the building listed in the attached list on the land (hereinafter “Defendant’s building”) for sale, and extended the Defendant’s building around B around 2006.

C. At present, the Defendant’s building, among the Plaintiff’s land, intrudes on the part of (A) connected in sequence with each point of indication 1, 2, 4, 5, and 1 of the annexed drawings, and on the part of (b) and 2, 3, 4, and 2 of the same drawings, connected in sequence to each point of (a) and (b) of the same drawings (hereinafter referred to as “the land in dispute of this case” by adding up the parts of (a) and (b) land.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4 (including paper numbers; hereinafter the same shall apply), Eul Nos. 1 and 2, and the result of a request for surveying and appraisal to the former branch of the Korea Land Information Corporation before the first instance court, the purport of the entire pleadings

2. The right to claim exclusion of interference based on the ownership of the claim is an act of preserving jointly-owned property and can be exercised even by one of the co-owners. According to the above facts, the defendant connects the plaintiff, among co-owners of the plaintiff's land, one of the items in the table 1, 2, 4, 5, and 1 of the drawings attached to the land of this case, in order to the plaintiff, who is one of the co-owners of the plaintiff's land, each point of (a) part of the land of this case and 2, 3, 4, and 2 of the drawings attached to the land of this case.

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