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(영문) 서울중앙지방법원 2009.08.14 2008가합10520

건물철거등

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1. All of the plaintiff's claims are dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Dongjak-gu Seoul Metropolitan Government AS large 3,382 square meters (hereinafter “instant site”) was owned by AT as the Plaintiff’s father.

B. AT newly constructed a main complex building with five stories above ground on the instant site and adjacent Seoul AU large 936 square meters, and on October 1, 1973, AV Co., Ltd. (at the time, AW was changed to AT’s dynamics, around 1994, and the representative director was appointed as the representative director, and the current representative director was the Plaintiff) sold the building under construction to AX Co., Ltd.

C. AV completed the construction of the above building and obtained approval for use on January 7, 1976, and sold each apartment unit of 3 to 5 floors (hereinafter “the apartment unit of this case”) to the persons indicated in the “first buyer” column of attached Table 2.

At present, the apartment house of this case is owned by the Defendants indicated in the column of “the present owner” in the attached Table 2.

E. Meanwhile, the instant land is owned by the Plaintiff on March 18, 1995.

[Ground of recognition] No. 1, and the purport of the whole pleading

2. The Plaintiff is the owner of the instant site. The Defendants owned the instant apartment on the instant site, and use and benefit from the instant site. Therefore, barring any special circumstance, the Defendants are obligated to return unjust enrichment and delay damages to the Plaintiff arising from the use and benefit of the instant site.

3. Judgment on the defendant's defense

A. The Defendants, first buyer, purchased shares in the instant site together with each section of exclusive ownership of the instant apartment at the time of the purchase of the instant apartment, and the Defendants purchased shares in the instant site directly or before the purchase. The Defendants had a legitimate title to occupy the instant site.

Therefore, the plaintiff cannot respond to the plaintiff's claim.

(2) The first buyer is together with the part of exclusive ownership of the apartment of this case.