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(영문) 의정부지방법원 2015.04.17 2014나15218

건물철거 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on March 28, 1986 with respect to each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “instant land”; and as to buildings listed in the separate sheet No. 1 and 3 (hereinafter referred to as “instant building”), the ownership registration was completed on January 6, 2001, as to each of the instant lands listed in the separate sheet No. 1 and 2 (hereinafter referred to as “each of the instant lands”).

B. From June 6, 2003, the Defendant operated the automobile maintenance business office of the trade name “G” by leasing the instant building from D. The Defendant, among the land Nos. 1, installed steel stairs (hereinafter “the instant steel bar stairs”) on the ground level which successively connects the respective points of the attached drawing No. 1, 2, 3, 4, and 1 among the land No. 1, and installed the steel bar board (hereinafter “the instant steel bar board”) on the ground level which connects each point of the same drawing No. 13, 12, 11, 10, and 7 among the land of this case, each of the instant steel bar board (hereinafter “the instant steel bar board”) with the same drawing No. 10, 22, 21, 9, and 10, connected with each point of the said land No. 77 square meters (hereinafter “the instant site”), and each of the instant land No. 21, 213, 210, 21, 217.

C. Meanwhile, the Plaintiff acquired the ownership of each of the instant lands by completely paying the sale price on July 4, 2013, in the procedure for compulsory auction on each of the instant land (hereinafter “instant auction procedure”).

Then, the Plaintiff filed the instant lawsuit against D on August 21, 2013 against D, seeking removal of the instant building and delivery of the instant land No. 1, and removal of the instant building from the instant building and delivery of the instant land No. 2.