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(영문) 춘천지방법원 2018.09.19 2017나53498

건물명도

Text

1. The defendant's appeal is dismissed.

2. According to the expansion of the purport of the claim by this court, the defendant 43,857.

Reasons

1. Basic facts

A. On November 16, 2015, the Plaintiff was determined to permit the sale as a bidder during the procedure for the International Compulsory auction (hereinafter “instant auction”) by Chuncheon District Court in the Docheon District Court on the buildings indicated in the list of the attached Table (hereinafter “instant building”) on the land of Hongcheon-gun, Hongcheon-gun, a river of 816m2, D 417m2, H 502m2, Embol land, Embol 1,791m2, Embol land (hereinafter “each land of this case”). The Plaintiff paid the purchase price in full on December 28, 2015.

B. Meanwhile, C newly built a unregistered building (attached Form 2) on the ground of F, D, and E (attached Form 2), (b), (c), (e), (g), (g), (h), (i) and (k). The Defendant has occupied and used the instant building solely with C before the Plaintiff acquired the ownership of each of the instant land.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 6, 7, Eul evidence 3, 6, 16

(i)each description or image of this Court, the result of the commission of surveying and appraisal to the heads of Hongcheon Branch Office of the Korea National Land Information Corporation, the purport of the entire pleadings]

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to deliver the instant building and the closing party to the Plaintiff. 2) The Defendant’s explanation as to this part of the judgment on the Defendant’s right of retention defense is identical to the period from the fifth to the seventyth day of the 14th day of the judgment of the first instance to the eleventh day of the 11st day, and thus, it is acceptable in accordance with the main sentence of Article 420 of

B. As seen earlier, the part of the claim for restitution of unjust enrichment, which the Defendant owned by the Plaintiff, solely and jointly occupied and used the instant building with C, and the Defendant did not have any legitimate right to possess and use the instant building and end. Therefore, the Defendant owned the Plaintiff’s ownership.