건물철거 등
1. All appeals filed by the Defendant-Counterclaim Plaintiff and the Defendant-Counterclaim Claim filed in the trial are dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The GJ 408 level of 408 level of land (hereinafter “instant land”) was owned by J. As the J died on March 6, 2012, the Plaintiff (Withdrawal) D and the Plaintiffs acquired shares in the instant land, respectively.
B. On September 25, 2012, Plaintiff (Withdrawal) donated his/her share in the instant land to the Intervenor succeeding to the Plaintiff, and completed the registration of ownership transfer with respect to the said share to the Intervenor succeeding to the Plaintiff on October 5, 2012.
C. The Defendant purchased 24.9 square meters of a house 24.9 square meters on the ground of the instant land from K (hereinafter “instant building”) on the land of this case, and extended and repaired the instant building, and at present, sought the claim of each of the instant facilities listed in paragraph (1) (hereinafter “instant facilities”).
(2) The land of this case is owned and used in possession and use of the part as stated in Paragraph (2) of the main claim (hereinafter “part of the instant land”).
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and images, the result of the survey and appraisal conducted by the first instance appraiser H, the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. According to the above facts, the Defendant owned and used part of the instant land by owning and using the instant facilities on the ground of the instant land owned by the Plaintiffs and the Intervenor succeeding to the Plaintiff (hereinafter collectively referred to as the “Plaintiff, etc.”), and thus, the Defendant is obligated to remove the instant facilities and deliver part of the instant land to the Plaintiff, etc.
B. In addition, according to the result of the appraisal by the appraiser I of the first instance trial, it is recognized that the monthly rent for the part occupied by the Defendant out of the instant land in the year 2012 is KRW 277,90 (i.e., actual rent for the year 2012, KRW 3,335,890 for the year 2012), and that the subsequent monthly rent is also ratified as above.
Therefore, the defendant purchased the building of this case.