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(영문) 서울중앙지방법원 2015.04.24 2014나40069

청구이의

Text

1. The part against the Defendants in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to that part is all satisfied.

Reasons

1. Basic facts

A. On the ground of Nonparty G and Defendant B, who acquired ownership on December 30, 200, 200, there was an unauthorized building (hereinafter “the instant building”) that occupied approximately KRW 661 square meters, including a wooden and ment block restaurant and residential facility 113.40 square meters in the part on the part of the ship in which the drawings are indicated in the attached Form, and a small portion, a small portion, a small portion, and a small portion, a light-scale sandbrogs, a sandbrogsium, and a large amount of 31.60 square meters in facilities claiming the location of a sandbrogs, and a neighboring ment block (hereinafter “instant building”). However, Nonparty E acquired and used it from around 1984.

B. On October 30, 2006, the Plaintiff entered into a contract with E to purchase the instant building with the purchase price of KRW 225 million, and the Plaintiff agreed to pay KRW 20 million on December 20, 2006, the payment of KRW 120 million for the contractual day, the payment of KRW 120 million for the intermediate payment, and the payment of KRW 85 million for the remainder on December 20, 2006, and the payment of KRW 85 million on April 30, 2007 (Evidence 6, sales contract). On the same day, the Plaintiff entered into a real estate lease contract with KRW 45 million for the instant building, and for the period from December 15, 2006 to 36 months.

C. Meanwhile, as to the portion of the instant real estate, the Plaintiff completed the registration of transfer of ownership of a portion of the shares of G due to a compulsory auction on March 30, 2009, and on July 6, 2010, Defendant C completed the registration of transfer of ownership of the remaining shares of G, and the instant real estate was jointly owned by the Plaintiff and the Defendants.

The Defendants (G and Defendant B filed a lawsuit, but G withdraws from the process of the lawsuit, and Defendant C succeeded to the lawsuit) obtained a favorable judgment on August 10, 201, from the Seoul Central District Court 2008Gadan409468 (principal lawsuit), 2009Gadan264761 (Counterclaim) against E, seeking the removal of the building of this case, the delivery of the land and the payment of unjust enrichment equivalent to rent, and the eviction of the Plaintiff from the building of this case.

E. The plaintiff.