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(영문) 의정부지방법원 고양지원 2018.03.22 2017가단88547

건물등철거

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

According to the statement in Gap evidence No. 1, the plaintiff is recognized as the owner of Ilyang-gu, Seoyang-gu, Seoul (hereinafter "the land in this case").

The plaintiff entered into a sales contract on the land of this case with the defendant around 1999, and the defendant, orally, concluded that the plaintiff shall complete the registration of ownership transfer immediately after receiving the purchase price, and that the contract may be rescinded if violated. Accordingly, the plaintiff shall prepare the necessary documents immediately before receiving the purchase price from the defendant and immediately leave the office of a certified judicial scrivener, and notify the defendant of the transfer of the registration. However, the defendant did not cooperate before the registration for about 17 years since the contract was concluded, and did not contact until now. Since this constitutes rejection of receipt or impossibility of receipt due to reasons attributable to the defendant, the plaintiff revoked the above sales contract, and on the other hand, the defendant constructed the building stated in the purport of the claim on the land of this case and interferes with the exercise of the plaintiff's ownership, and therefore, the defendant is obligated to remove the above building and restore the land of this case to its original state without any legitimate title. However, each statement stated in subparagraphs 2 and 3 of subparagraphs 2 and 3 is insufficient to recognize the above facts, and there is no other evidence to

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.