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(영문) 서울중앙지방법원 2015.12.24 2013가단5042932
토지인도
Text

1. Defendant C, D, and E order with each point of 65, 66, 69, 70, 71, 72, 73, 74, 75, and 65 of the Appendix 1.

Reasons

1. Basic facts

A. On November 30, 2001, Defendant F purchased a building of 701 square meters in Jongno-gu Seoul, Jongno-gu and its ground 2, and removed the buildings. On December 20, 2001, Defendant F obtained a building permit from the Seoul Jongno-gu Seoul District Office, and newly constructed multi-family housing (S; hereinafter “instant multi-family housing”) Nos. 1 and 2 in the attached Table 3’s multi-family housing (six households) and Nadong (three households) under the design supervision of Defendant G, and obtained approval for the use on November 12, 2002.

The respective households (including site rights) of the instant multi-family housing owned by Defendant BH IJK LM NAP owned by Dong-dong Nos. 101, 102, 201, 202, 202, 301, 302, 301, 201, 301, and 301 are owned by the Defendants as listed in the following table, as a result of the sale and transfer of ownership transfer.

B. On June 14, 2002, T purchased the Jongno-gu Seoul Metropolitan Government U large 387 square meters and the detached house on the ground (as indicated in paragraph (3) of the attached Table 3, hereinafter “the instant detached house”), and Defendant C, D, and E, the inheritor due to the death of T, made a joint inheritance registration on September 18, 2009.

C. On November 21, 2007, the Plaintiff: (a) awarded a successful bid of the Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Q2 Forest Land (hereinafter “instant land”) and completed the registration of ownership transfer.

The instant land is a land in the form of valley with a strong slope, and there was no way to pass through public road, and the Plaintiff secured the passage through the surrounding land by obtaining a judgment on the right to passage over the surrounding land (determined on October 27, 2014) from the owner of the neighboring land.

The above R/U land and the instant land are connected with each other as shown in the annexed Form 1. ① Of the instant multi-family housing, the part of 47 square meters in the ship connecting each point of the above drawings 1, 32, 33, 34, 35, and 1 (the part in subparagraph 102, 202, and 302 of the instant multi-family housing) and the part of 2,52, 53, 54, 55, 56, 57, 57, 58, 59, 60, 35, 34, 33, 32, and 48 square meters in sequence connected each point of the above drawings among the instant multi-family housing, the third part in the ship connecting each point of the above drawings 61, 62, 63, 64, 65, 67, 68, 610, and 61 in sequence.

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