건물등철거
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
1. As to the ground of appeal No. 1, the lower court rejected the Defendant’s assertion on the ground that, even if the Defendant purchased the instant land from C, E, etc., which is treated as an owner externally as a title trustee, insofar as the Plaintiff filed a lawsuit against the said C, E, etc. for the registration of ownership transfer due to the cancellation of title trust and acquired the ownership transfer registration in accordance with the judgment in favor of the Plaintiff, the Plaintiff’s claim for removal of the instant building and the claim for transfer of the instant land cannot be asserted by the Defendant on the ground that the purchaser of the instant land is the
Examining the records in light of the relevant legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the validity of the trustee’s disposal act
2. As to the ground of appeal No. 2, the lower court rejected the Defendant’s claim of lien on the land of this case, on the grounds as indicated in its reasoning, on the ground that, in light of the circumstances as indicated in its reasoning, it is reasonable to view that the Defendant’s lien was extinguished upon the Plaintiff’s claim for termination of lien.
Examining the records in light of the relevant legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the requirements for extinguishment
3. On the ground of appeal No. 3, the lower court, on the grounds as indicated in its reasoning, has the duty to return to the Plaintiff the amount calculated by the ratio of KRW 7,101,00 per month from July 27, 2010 to the delivery date of the instant land, along with the amount of KRW 50,852,32 as unjust enrichment equivalent to the profits from the use of the instant land and the delay damages thereon.