beta
(영문) 의정부지방법원 2016.10.11 2015가단13911

건물명도

Text

1. The Plaintiff’s attached real estate indication in attached Form 1

A. Defendant B shall have the respective points of 3, 4, 5, 6, and 3 indicated in the accompanying building drawings.

Reasons

1. Facts of recognition;

A. On July 27, 200, the Plaintiff completed the registration of ownership transfer as the receipt No. 53380 on July 27, 2000, with respect to F farmland No. 1,132 square meters (hereinafter “instant land”) on the grounds of sale on July 24, 200.

B. On October 200, the Defendant joining the Defendant newly constructed a building indicating attached property No. 1 (hereinafter “instant building”) on the instant land, and completed registration of preservation of ownership in the name of the Intervenor joining the Defendant on June 14, 2001.

C. On March 23, 2010, the Plaintiff filed a lawsuit against the Intervenor joining the Defendant seeking registration of ownership transfer of the instant building and return of land rent or unjust enrichment from the use of the instant land (Seoul Central District Court 2010Gahap28562, 201Gahap36034 (Counterclaim 1); hereinafter “instant lawsuit”). In the instant lawsuit, the Intervenor filed a lawsuit against the Defendant for unjust enrichment equivalent to the rent for the instant land owned by the Plaintiff on the ground that the Intervenor owned the instant building on the instant land, etc., and the Defendant’s judgment became final and conclusive from February 19, 201 to February 18, 201, on the ground that “the Intervenor paid to the Plaintiff the amount equivalent to rent KRW 8,355,000 and delay damages equivalent to rent for the instant building from July 27, 2007 to February 19, 2011, and the Plaintiff’s possession or loss of ownership from February 21, 2011.”

On June 5, 2015, the Plaintiff filed a lawsuit against the Intervenor joining the Defendant for the removal of the instant building (the Defendant’s Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the instant lawsuit (the Defendant for the instant lawsuit). The Defendant for the Intervenor for the Intervenor for the Intervenor for the Intervenor for the instant lawsuit occupied the instant land, which is the owner of the instant building, and owned the instant land.