건물철거 등
1. Defendant C shall display to the Plaintiff a map in attached Form 142 square meters of the wall-to-face 1,295 square meters of land-to-face 1,295 square meters of land-to-face 1.
1. Facts of recognition;
A. Defendant C newly built the instant housing from November 23, 2015 on the instant land on which the ownership transfer registration was completed in the future of Defendant B, with the name of the construction owner of the Defendant B as to the instant land. Defendant C rendered a voluntary decision to commence the auction on July 11, 2016 on the instant land ( Daejeon District Court Seosan Branch E).
B. At the time of the decision on commencing the above auction, the instant sperm and vinyl built by Defendant C was located on the instant land. The instant housing was not equipped with the form and structure that can be seen as a building by social norms since the columns, roof, main walls, etc. were not completed. The instant housing continued to have been in the form of the building after Defendant C’s decision on commencing the above auction.
C. The Plaintiff was awarded the instant land in the above auction procedure and completed the registration of ownership transfer in the future of the Plaintiff on July 17, 2017.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. Determination:
A. According to the above facts, the instant house, sperm, and vinyl are built by Defendant C, and the Defendant C has the authority to either acquire the ownership of the instant house, sperm, and vinyl or to actually dispose of the instant land to Defendant C. As such, the Defendant C, who built the instant house, sperm, and vinyl houses and occupies the instant land, is obligated to remove the instant house, sperm, and vinyl houses and deliver the instant land to the Plaintiff.
B. The Plaintiff asserts that Defendant B is also obligated to remove the instant house, sperm, and vinyl together with Defendant C and deliver the instant land. However, as seen earlier, Defendant B merely is the nominal owner of the instant house, sperm, and vinyl, and it cannot be deemed that Defendant B is the owner of the instant house, sperm, and vinyl, or that Defendant B is actually authorized to dispose of the instant land. Meanwhile, Defendant B is not entitled to dispose of the instant land.