beta
(영문) 서울동부지방법원 2018.05.17 2017가합2074

건물철거 등

Text

1. The plaintiff

A. Defendant B, C, and D shall remove the buildings indicated in the indication of the attached real estate No. 1, and the attached real estate No. 2.

Reasons

1. Determination as to the cause of the claim (1) The Plaintiff and the deceased J (hereinafter “the deceased”) are simplified land preparation; Defendant C and D are the deceased’s spouse; Defendant C and D are the deceased’s children; (2) the registration of ownership transfer has been completed in the name of the Plaintiff on February 20, 1975 with respect to the land indicated on the attached property 2 (hereinafter “instant land”); and (3) the registration of ownership transfer was completed in the name of the deceased on August 14, 2006 on the building indicated on the attached property 1 (hereinafter “instant building”); and (4) there is no dispute between the Defendants E and the other Defendants, including the Defendant E (hereinafter “Defendant E”) on August 4, 2014 as to the land indicated on the attached property 1 (hereinafter “instant building”); and (5) there is no necessary part between the parties to the instant building and each of the instant land.

According to the above facts, the land in this case is presumed to be owned by the plaintiff, and the defendant Eul et al. possessed the land in this case by owning the building in this case on the land in this case, and the defendant Eul et al. occupied each leased part of the building in this case, thereby hindering the plaintiff's exercise of land ownership.

Therefore, barring any special circumstance, Defendant E, etc. leaves the respective occupied parts of the instant building, and Defendant B, etc. is obligated to remove the instant building and deliver the instant land to the Plaintiff.

2. Judgment on the defendants' assertion

(a) Basic facts (a) / [Mediation Provisions]

1. The Deceased shall pay 1.4 million won out of the monthly rent generated from all the lease agreements of the building of this case to the Plaintiff, and the rent from August 14, 2012 to September 13, 2012 begins with the calculation from August 14, 2012.