건물명도(인도)
The part of the judgment of the first instance against the defendant shall be modified as follows:
The defendant is attached to the plaintiff succeeding intervenor.
1. Basic facts
A. On June 23, 1998, the Plaintiff’s father G completed the registration of transfer of ownership ownership based on the sale on May 27, 1998, with respect to the share in paragraph (1) of Paragraph (1) in the annexed sheet (hereinafter “instant land”). On April 20, 2009, the Plaintiff’s father G completed the registration of transfer of ownership based on the inheritance by consultation and division on October 18, 2008.
At present, H owns the shares of 7325/9421 shares in the instant land, Korea hydroelectric Energy Corporation and 330/9421 shares.
B. G completed the registration of ownership transfer by reason of sale on May 27, 1998 with respect to the building listed in Paragraph (2) in the separate sheet on June 23, 1998 (hereinafter “instant building”). The Plaintiff completed the registration of ownership transfer by agreement and division on October 18, 2020 with respect to the instant building on January 21, 2020.
On April 10, 2019, the instant building was changed from Gyeonggi-si I to the instant land.
C. On December 4, 2019, the Plaintiff’s succeeding intervenor completed the registration of ownership transfer and the registration of ownership transfer on the ground of sale on January 23, 2020 as to the instant building among the instant land, and on December 3, 2019 as to the instant building.
On January 23, 2017, the Defendant obtained permission for occupation and use of 201.70 square meters, etc. from Pyeongtaek-gun to December 31, 2019 with respect to the period from January 1, 2017 to December 31, 2019, the Defendant obtained the permission for occupation and use of one’s own place of landing as the excursion ship wharf for a line of landing, and the permission for occupation and use of one’s own place of landing was renewed on January 8, 2020 to December 31, 202.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 3, Eul evidence 4, 8, Byung evidence 1 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Intervenor succeeding to the Plaintiff does not possess any possessory right, but occupies the instant land and buildings (hereinafter collectively referred to as “each of the instant real estate”) without permission.