건물등철거
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is a steel-frame building on the ground of 1,132 square meters of land for the stock farm in Namyang-si, Namyang-si.
1. Basic facts
A. The land of this case and the building of this case were owned by D, both of 1,132 square meters in Nam-si, Namyang-si (hereinafter “the land of this case”) and the brick structure, brick structure, 75.74 square meters in a 75.74 square meters in a single-story house (hereinafter “the house of this case”), and cement block block 1, cement block 4, 624.5 square meters in a single-story (hereinafter “the old building of this case”). The house of this case and the building of this case were owned by D as a creditor of November 11, 1985, and the land of this case were transferred to E, a land of this case, to F, a creditor of D on March 3, 1987.
Even after the transfer of ownership, D continued to reside in the instant house with the permission of E.
B. D’s loss of ownership of the instant land, which led to difficulties in the use and profit-making of the instant housing and the previous building, and the Defendant, a smaller of D and D son, purchased the instant land from F again, and the Plaintiff removed the instant building on its ground, and then used the leased revenue for the cost of the life of D couple.
C. Since January 14, 200, the registration of ownership transfer for the instant housing and the previous building was completed from E on November 14, 200 to the Defendant on the grounds of sale on November 1, 1999. The Plaintiff purchased the instant land from F in KRW 175,00,000, and completed the registration of ownership transfer in the name of the Plaintiff on July 27, 200.
On October 200, the Defendant: (a) removed the instant Gu building by obtaining a loan from the U.S. agricultural cooperative as a joint collateral from the instant land and the instant Gu building; (b) newly built the instant building on its site 428.71m2 (hereinafter “instant building”); and (c) completed the registration of initial ownership on June 14, 2001 under the name of the Defendant as to the said building.
E. On March 23, 2010, the Plaintiff filed against the Defendant for the registration of ownership transfer of the instant building and the return of land rent or unjust enrichment arising from the use of the instant land.