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(영문) 서울서부지방법원 2016.01.20 2015가합30718
건물등철거
Text

1. The Plaintiff:

A. The defendant acquisition intervenor indicated on the attached Form 9, 10, 11, 12, 12, 12, on the ground of 132 square meters in Eunpyeong-gu Seoul Metropolitan Government D.

Reasons

1. Facts of recognition;

A. On April 16, 2010, E and the Defendant purchased from F the Eunpyeong-gu Seoul Metropolitan Government Do 1322 square meters (hereinafter “instant land”) and completed the registration of ownership transfer for 1/2 shares on the same day.

B. Meanwhile, at the time of the conclusion of the above sales contract, the Defendant acquired the instant land along with 10,10,11,16,15,14, 14, 13, 12, and 9 of the attached Form No. 9, 10, 10, 11, 16, 14, 13, 12, and 9, which are unregistered unregistered buildings that were located on the ground of the instant land and its neighboring land, and changed the name of the owner on the unauthorized Building Register to the Defendant.

C. On July 25, 2014, the Plaintiff received a successful bid for the instant land in the public auction procedure.

9.2. The registration of ownership transfer is completed in the name of the Plaintiff.

On December 31, 2014, after the filing of the instant lawsuit, the Defendant acquired the instant house from the Defendant, and subsequently changed the name of the owner on the unauthorized Building Register, and leased the instant house to the Defendant. As a result, the instant house is occupied by the Defendant.

E. Of the instant housing, the part on the ground of the instant land is 9,10,11,12, and 9, the part on the ground of the instant land, which was connected in order to each point of the attached Form 9, 10, 11, 12, and 9, and the part on the ground of the instant land is 93 square meters (hereinafter “instant part on the ground”). The boundary of the instant land has a fenced, and the entire land is used as the site attached to the instant housing. The amount equivalent to the rent after January 1, 2015 is KRW 1,593,010 per month.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 4 through 7, Eul 3, 8, 11, 12, and 13, G’s survey and appraisal results, H’s rent appraisal results, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff, the owner of the instant land, (1) the Defendant Intervenor removed the instant ground portion on the ground of the instant land among the instant housing in which he/she holds the de facto disposal right, and (b) delivers the instant land in possession.

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