건물등철거
1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
The facts based on the facts below are either a dispute between the parties or acknowledged by considering the whole purport of the pleadings in each entry of Gap evidence of No. 1 through 4 (including a serial number; hereinafter the same shall apply).
The Plaintiff is awarded a successful bid for the land specified in attached Form 1 (hereinafter referred to as “land 1-1”) in the Suwon District Court J Voluntary Auction procedure with respect to the land specified in attached Form 1 (hereinafter referred to as “land”) and completed the registration of ownership transfer on October 5, 201
On May 23, 2014, the Plaintiff completed the registration of ownership transfer based on sale on May 22, 2014 with respect to the land listed in attached Form 1-B (hereinafter referred to as “land listed in attached Form 1-B”). On August 20, 2014, the Plaintiff completed the registration of ownership transfer based on sale on August 11, 2014 with respect to the land listed in attached Form 1-B (hereinafter referred to as “land”).
On 202, the co-defendant B of the first instance trial had obtained a construction permit under his own name and carried out the construction work of constructing the buildings listed in the attached Form 2 (hereinafter referred to as the “instant building”) on the land No. 1-1, No. 1-2, and No. 1-3 (hereinafter referred to as the “instant land”).
The defendant asserts a lien based on the claim for the construction cost incurred in relation to the building of this case and occupies the building of this case.
Judgment on the principal claim
A. According to the above facts, B owned the instant building on the instant land, and occupied the instant land, so long as there is no legitimate title to occupy the instant land, B is obligated to remove the instant building as the owner of the instant land and deliver the instant land to the Plaintiff, barring any special circumstance. Accordingly, the Defendant has the duty to withdraw the Plaintiff from the instant building and the instant land for removal and delivery. (b) The Defendant is obligated to leave the instant land for the said removal and delivery, barring any special circumstance. (c) The Defendant’s assertion 1) based on a land use agreement, thereby owning the instant land.