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(영문) 부산지방법원 2020.11.12 2019가단320637

부동산인도

Text

1. The Defendants shall draw up to the Plaintiff an annex 1 among the 40.3 square meters of a manager of single-story of the block structure in Busan Pung-gu G ground block structure in Busan Pung-gu.

Reasons

1. Determination as to the claim against Defendant Incorporated Incorporated Company B and C

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s 3,442m2 (hereinafter “instant land”).

A) The owner of the instant land, and the I organization is the owner of the instant land, and 59m2,00,000,000,000 G (hereinafter “G land”).

(A) and its ground block structure 40.3 square meters (hereinafter referred to as the “instant building”) for a manager of single-story 40.3 square meters

A) A former owner of an organization, on March 19, 2018, the JJ of the Agricultural Company Co., Ltd. (hereinafter referred to as “Nonindicted Company”).

(2) On the other hand, among the instant buildings, the part on “B” (hereinafter “the part on the instant crime”) which connects each point of the attached table 31, 32, 33, 12, 11, and 31, the registration of ownership transfer concerning G land and the instant building was completed, and the land in question was connected to the instant land.

3) Defendant Incorporated Incorporated Company B is a corporation established on May 25, 2017; C is a corporation established on September 14, 2017 as the head office of Simsan Simsan-gu G, respectively; and the building of this case is leased and occupation of the building of this case. [The fact that there is no dispute over the grounds for recognition, evidence No. 1-1 through 3, evidence No. 2-1, 2, 4, 5, 7, and evidence No. 11-1 through No. 13, evidence No. 1-2, evidence No. 5, and evidence No. 7, and the purport of the whole pleadings,

B. Even in cases where the owner of land is able to request the owner of the building to remove the building and deliver its site on the ground of the lack of the right to use the land for the existence of the building, if a person other than the owner of the building occupies the building, the owner of the land shall not perform the removal of the building unless the owner of the land removes the possession of the building.

Therefore, the land ownership is deemed to be hindered in the smooth realization of land by the above possession. Therefore, the landowner can request the possessor of the building to withdraw from the building as the exclusion of interference based on his own ownership.