건물철거 등
1. For the plaintiffs:
A. Defendant C shall remove the buildings listed in the attached Form 1 list and the land listed in the attached Form 2 list.
1. Basic facts
A. Defendant D is the children of Defendant C.
B. On July 25, 2008, the registration of transfer of ownership was completed in the name of the plaintiffs on July 25, 2008 with respect to each one-half share of 732 square meters in Seocho-gu, Seo-gu, Seo-gu (hereinafter “instant site”).
C. On January 7, 2003, the registration of ownership transfer was completed in the name of Defendant C on December 16, 2009, and the registration of ownership transfer was completed in the name of Defendant C on July 23, 2014.
The instant building is located in the part “1” indicated in the annexed drawing among the instant site, and the area of “1” is 243 square meters (hereinafter “the instant site part”).
E. The rent for the instant site portion is KRW 2,857,00 from January 1, 201 to December 31, 2010, KRW 2,838,000 from January 1, 201 to December 31, 201, KRW 2,838,000 from January 1, 201 to December 31, 201, and KRW 2,628,00 from January 31, 2012 to December 31, 2012, and KRW 2,420,00,00 from January 1, 201 to December 31, 2013, KRW 2,68,00 from January 31, 2013, and KRW 2,68,00 from January 1, 2014 to December 31, 2014.
[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 8, 9, purport of the whole pleadings
2. Determination
A. According to the above facts, the instant site is presumed to be owned by the Plaintiffs. Since the instant building is presumed to be owned by Defendant C, and Defendant C is in a position to legally and practically dispose of the instant building, Defendant C is obligated to remove the instant building and deliver the instant site part to the Plaintiffs, unless Defendant C proves the source of possessory right to the instant site. 2) The Defendants’ assertion as to the Defendants’ assertion 1, prior to the acquisition of the instant site by the Plaintiffs, agreed to pay the F the price of KRW 3,000 per year to the Plaintiff, who is the owner of the instant site, and use the instant site.