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(영문) 수원지방법원 2015.08.18 2014가단5063

건물명도 등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On November 24, 1997, E received the award of the instant real estate in the Suwon District Court G compulsory auction procedure with respect to the buildings listed in the separate sheet (hereinafter “instant real estate”) owned by F on November 24, 1997, and completed the registration of ownership transfer on November 29, 1997.

(2) On March 30, 1998, H purchased the instant real estate from the above E and completed the registration of ownership transfer in the H’s name on May 1, 1998. The Plaintiff purchased the instant real estate from H on July 10, 199 and completed the registration of ownership transfer in the Plaintiff’s name on September 8, 199.

B. (1) The Defendants are using the portion of “A” part of the brickd position plate housing in the order of 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 7 on the ground of 262 square meters in Osan-si, Osan-si, for 59 square meters and the above drawings 2, 9, 8, 19, 29, 19, and 200 square meters in the ship connected with each of the above drawings 20, 21, 22, 23, and 20 square meters in the order of each of the above drawings (the above drawings 20, 2000 square meters in the ship, and 10,0000 square meters in the ship, and 17,000 square meters in the aggregate of the cement block, 124, 225, and 204 square meters in the ship.

(2) At around 1975, K, which is the husband of Defendant B, and the father of Defendant C and D, built a building without permission obtained from the above F, the owner of the instant real estate and its site. After that, the above J and the Defendants resided in the said building and extended and reconstructed the said building two times, but the registration of preservation of ownership was not completed. The above building is the Defendant-owned building.

C. This case on January 19, 1997