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(영문) 인천지방법원 2017.03.29 2016가단225208

건물철거및지료등

Text

1. The defendant shall be the plaintiff.

(a)each point of Section 1, 2, 3, 4 and 1, described in the Schedule, on the ground drawings of the real estate listed in the Schedule.

Reasons

1. Basic facts

A. On May 30, 2007, the registration of ownership transfer was made on May 30, 2007 with respect to the land of 281 square meters (hereinafter “instant land”) prior to Jung-gu Incheon, Jung-gu, Incheon, and the registration of ownership transfer was made on June 1, 2009, and on the same day, the registration of establishment of neighboring mortgage was completed on the debtor, the defendant, the maximum debt amount of 260,000,000.

B. On June 13, 2013, the Southern River Credit Union applied for a voluntary auction on the instant land, and completed the registration of ownership transfer on February 13, 2015 after the Plaintiff purchased the instant land in the auction procedure (this court E) and completely paid the sale price on February 4, 2015.

C. On the ground of the instant land, the buildings listed in Section 1-A of the Disposition (hereinafter “instant building”) exist.

The building report on the building was made in 2007, and the report on the change was made in the name of the owner F as of March 17, 2008, and the owner was changed to G during the Do, and was changed to G on August 17, 2009.

The building of this case has not yet been approved for use in the state of non-registration, and the defendant currently manages the building of this case by leasing it to another under his own name.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6 (including each number, hereinafter the same shall apply), Eul evidence 2, 4, and 5, video and the purport of the whole pleadings

2. Request for the removal of buildings and delivery of land;

A. In a case where the ownership of a building constructed on another's land is infringed upon due to the determination of the cause of the claim, the person obligated to remove the building is the owner of the building or the person entitled to dispose of the building legally and de facto, if the building is not registered.

(see, e.g., Supreme Court Decision 87Meu257, 258, Nov. 24, 1987). Accordingly, with respect to the instant building located on the instant land owned by the Plaintiff, the Defendant is a person having a de facto authority to dispose of the said building, as a legal person.