beta
(영문) 수원지방법원평택지원 2019.09.11 2019가단3092

건물철거 및 대지인도

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owned a building not yet registered (hereinafter “instant building”) on the ground of part of the land E, and F, in order to connect each point of the following points in the attached drawings 2, 3, 23, 22, 21, 20, 19, 18, 17, 16, 15, 14, 13, and 2 among the land owned by the Plaintiff in Ansan-si D 342 (hereinafter “instant land”).

B. The Plaintiff, while constructing another house on the instant land, sold the existing building to G, and then delivered it, G sold and delivered the instant building to the Defendant again.

C. The Defendant leased the instant building to H, and currently H resides in the instant building.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-5, the purport of the whole pleadings

2. When the plaintiff's assertion and judgment are not registered buyer's transfer of an object, he may possess and use it as the validity of the sales contract, and even a person who again purchased it from the unregistered buyer shall acquire the above right to possess and use.

(1) The plaintiff's right to remove the part of the building of this case and the right to use the land of this case to the plaintiff is not the right to remove the building of this case, since part of the building of this case was unregistered and owned by the plaintiff on the land of this case, the defendant is obligated to remove it and deliver it to the plaintiff on April 25, 198, and Supreme Court Decisions 95Da12682, June 25, 1996; 97Da42823, June 26, 1998; 98Da42823, Nov. 16, 200; 98Da45652, 45669, Nov. 16, 200.