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(영문) 창원지방법원 2015.01.15 2014나32230

건물철거 및 토지인도

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. Facts of recognition;

A. On June 4, 2013, the Plaintiff: (a) was awarded a successful bid for the real estate indicated in the attached Table (1) that was owned by E in the procedure for compulsory auction by Changwon District Court D real estate (hereinafter “instant site”); and (b) completely paid the price on July 15, 2013; and (c) completed the registration of ownership transfer on July 19, 2013.

B. On the ground of part 182 m2, which was successively connected with each of the above points among the above land, the part 182 m2, which was 6,7,8,9,10, 11, 12, 13, 14, 15, 16, 17, 17, and 6 of the annexed drawings among the above land, the Defendant newly constructed and completed registration of preservation of ownership on February 12, 1996, most of the instant buildings (limited to a portion of the building on the third party’s land) exist, and C operates the main points by leasing one floor from the above building from the Defendant around October 29, 209.

C. The amount equivalent to the rent for the instant site from around July 15, 2013 to July 14, 2014 is KRW 1,209,00 per month, if no deposit exists.

[Ground of Recognition] A without dispute, entry of Gap evidence Nos. 1, 2, 4, 5 through 8 (including each number), the result of a request for measurement and appraisal to the Intellectual Property Corporation by the court of the first instance for a survey and appraisal by the court of the first instance, the purport of the entire pleadings

2. According to the above facts of determination as to the cause of claim, insofar as the Defendant did not have a legitimate title to possess the instant site, the Plaintiff is obligated to remove the building and facilities attached thereto on the ground of 182m2m2 of part 1 in the ship connecting each of the points in sequence of 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 6 among the instant site, and deliver the instant site to the Plaintiff, and pay the Plaintiff the amount of unjust enrichment equivalent to the rent of KRW 1,209,000 from July 15, 2013 to the day on which the Plaintiff acquired the ownership of the instant site from the date on which the transfer of the said site was completed.

3. Judgment on the defendant's assertion

A. At the time of constructing the instant building asserted by the Defendant, the Defendant constructed a new building with the consent of E, who is the owner of the instant land and her husband. This is thereby owned by E and the Defendant.