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(영문) 춘천지방법원영월지원 2017.10.25 2016가단10464

건물등철거

Text

1. The Defendant indicated the Plaintiffs on the separate sheet Nos. 5, 4, 11, 12, 16, 17, 18, 19, 8, 7.

Reasons

Basic Facts

The Plaintiffs purchased each real estate listed in the separate sheet (hereinafter “instant land”) from D and completed the registration of ownership transfer on June 30, 2015, respectively.

The Defendant purchased the instant land-based building (hereinafter “instant building”) from E and completed the registration of ownership transfer on October 30, 2014.

The present status of the above building is as stated in paragraph (1) of the main text.

[Based on the facts without dispute, Gap's evidence Nos. 1 through 4, the result of the on-site inspection conducted by this court, the result of appraiser F's survey and appraisal conducted by appraiser F's appraiser F's survey and appraisal, and the purport of the whole pleadings, barring any special circumstance, the defendant is obligated to remove the building of this case to the plaintiffs who are the owners of the land of this case and deliver the above part of the building

The summary of the Defendant’s argument regarding the Defendant’s assertion is as follows: (a) the Defendant entered into a lease agreement on the instant land on the condition that he/she will act as an agent for the beginning of the punishment for the second half of the ancestor funeral, and (b) completed the registration of ownership transfer of the instant building pursuant to Article 622(1) of the Civil Act; and (c) the Defendant acquired opposing power pursuant to Article 622(1)

The defendant can claim the validity of the above lease contract against the plaintiffs, and since the defendant has the right to occupy the land of this case under the above lease contract, it cannot accept the plaintiffs' request.

The defendant purchased the building of this case and repaired it with considerable expenses. The plaintiffs are either aware of or know about such circumstances, and even if the building of this case is not removed, it does not interfere with the passage of the plaintiffs. Even if the building of this case is demolished, the plaintiffs cannot cultivate the land of this case, and they purchased the land of this case for the purpose of presenting the defendant to the village and filed the lawsuit of this case. Thus, the plaintiffs removed the building of this case.