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(영문) 서울남부지방법원 2020.08.18 2019가단260016

건물등철거

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The Defendant, as the Plaintiff

(a) Of the land listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Facts of recognition;

A. On October 17, 2018, regarding the land listed in the separate sheet owned by the Defendant’s ASEAN (hereinafter “instant land”), the procedures for voluntary auction (hereinafter “instant voluntary auction procedures”) began on October 17, 2018. On October 7, 2019, the Plaintiff paid the proceeds after obtaining a permit for sale in the instant voluntary auction procedure, and completed the registration of ownership transfer on October 21, 2019.

B. On the ground of 130 square meters on the part (i) part of the instant land connected with each point of 1,2,3,4,5,6,00 square meters in sequence with the indication of the attached drawings among the instant land, the instant warehouse of this case is referred to as “the instant warehouse on the ground of 110 square meters on the part of 130 square meters in the ship (hereinafter “instant housing”) which connects each point of 7,8,9,10,11, and 7 of the attached drawings, and the indication of the attached drawings in sequence 7,8,9,10,000 square meters in sequence.

(C) The instant land and this case’s housing and warehouse are located respectively, and the instant housing and warehouse are unregistered buildings. The Defendant occupied and used the instant land and this case’s housing and warehouse from the time the Plaintiff was awarded a successful bid in the instant voluntary auction procedure to the date of closing argument. [In the absence of dispute over the grounds for recognition, Gap’s evidence No. 1, Gap’s evidence No. 3, and evidence No. 5, the purport of the entire entries and pleadings

2. Determination:

A. According to the facts acknowledged prior to the determination on the claim for removal of the instant house and warehouse and the claim for delivery of the instant land, the Defendant, who owned and used the instant land by owning the instant house and warehouse, barring any special circumstance, has the duty to remove the instant house and warehouse and deliver the instant land to the Plaintiff, who is the owner of the instant land. 2) The Defendant’s assertion and determination on this issue are as follows: (a) the owner of the instant house and warehouse is not the Defendant, but C; and (b) the instant land and the instant house and warehouse were owned by C, both of which are the same person.