건물등철거
1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).
1. Evidence No. 1, A2, A3, A6, A7, A8, and the purport of the whole pleadings
A. On December 29, 2006, the Defendant acquired 700/9449 shares among D forest land in Sungsung-si. The said land was divided into D forest land and C forest land into 700 square meters on January 5, 2007, and the Defendant acquired the ownership of the said C forest land of 700 square meters on February 2, 2007, on the ground of a partition of co-owned property on January 31, 2007.
B. The Defendant filed a building report around August 2008 and around December 2009 on the above C forest land of 700 square meters.
C. On December 27, 2012, the said C forest land was divided into C forest land of 285 square meters (hereinafter “instant land”) and E forest land of 415 square meters. The instant land is a building of 82.4 square meters of the wall section 1, 2, 3, 4, 5, 6, and 1 attached to the instant land in sequence connected each point of the attached drawing Nos. 1, 2, 3, 4, 6, and 1 (hereinafter “instant building”).
In the auction procedure to exercise the security right to the instant land (F) the Plaintiff and the designated parties paid the proceeds of sale on October 22, 2015 and acquired the ownership of the instant land at the auction (U.S. District CourtF).
2. The allegations by the parties and the judgment of this court
A. (1) The plaintiff's assertion (1) that the plaintiff allegedly owned the building of this case on the land of this case without any title. As such, the plaintiff and the designated person who are the owner of the land of this case and sought removal of the building of this case and delivery of the land of this case to the defendant, who is the owner of the building of this case,
(2) The Defendant, in response to the Defendant, concluded a sales contract on October 8, 2008 with G, H and the above C forest land of 700 square meters, and received the full payment of the purchase price, but G intended to construct a building while not completing the registration of ownership transfer due to the circumstances of the buyers, and affixed a different consent and affixed a seal, and the Defendant did not construct the instant building.
B. In full view of the purport of the entire pleadings, H is subject to G, taking into account each of the statements in the judgment of this court Gap 11 and Eul 12 through Eul 38.