건물철거 및 토지인도
1. The defendant is not less than 1,438§³ in Gyeonggi-gun Co., Ltd. to the plaintiff.
(a)each point of the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.
1. Facts of recognition;
A. On March 25, 2014, the Plaintiff purchased 1,438 square meters (hereinafter “instant land”) in Gyeonggi-gun, Gyeonggi-do and completed the registration of ownership transfer in the name of the Plaintiff on April 3, 2014.
B. The Defendant was awarded a successful bid for one parcel, other than Gyeonggi-gun E, and its ground buildings (hereinafter “instant building”) adjacent to the instant land in the auction procedure for the purchase of D real estate located in Suwon District Court branch, and completed the registration of ownership transfer on April 12, 2013.
C. Part of the instant building is located above the boundary and above the ground level of 101 square meters in the part of the instant building (hereinafter “the part indicated in attached Form 2”) connected each point of the attached Form 1, 2, 3, 4, 5, 6, 7, and 1 among the instant land, which are located above the boundary.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 7, Gap evidence 6-1 to 3, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant possessed part of the land of this case by owning the building of this case, barring special circumstances, the defendant is obligated to remove the part of the building of this case located in the part of 2nd drawings among the building of this case and deliver the part of the land of this case to the plaintiff.
3. The defendant's assertion argues that since the appeal court (U.S. District Court 2016Na3352) is in progress by filing a lawsuit against F and G which occupy the building of this case, the defendant cannot respond to the plaintiff's claim of this case until the above lawsuit is completed.
However, even if the building of this case is possessed by F and G, since the person who occupies part of the building of this case is the owner of the building of this case, the person who bears the duty to remove the building of this case and deliver the site to the plaintiff is the defendant, and the name of the building of this case is the result of the above case.