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(영문) 서울중앙지방법원 2017.07.20 2016가단5130731
건물퇴거
Text

1. The plaintiff's main claim is dismissed.

2. The defendant cadastral map of the attached Form 115.7 square meters in Jung-gu, Seoul.

Reasons

1. Basic facts

A. The Plaintiff received the registration of ownership transfer on June 23, 2014, as the receipt of No. 28780 on June 23, 2014, with respect to the land of Jung-gu Seoul Metropolitan Government (hereinafter “instant land”).

B. The Defendant uses and manages the (A) portion of the ground container (hereinafter “instant container”) connected in sequence with each point of 1,2,3,4,5,6, and 1, which is indicated in the drawings of a certified copy of the attached cadastral map among the instant land.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. On June 2, 2014, the Plaintiff asserted that the instant container was acquired with the instant land by public sale on June 2, 2014, and thus, the Defendant is obligated to leave the instant container. Thus, in light of whether the Plaintiff is the owner of the instant container, it is difficult to believe, or there is no other evidence to acknowledge, each provision of the evidence Nos. 1 and 2 as to the Plaintiff’s primary claim. Accordingly, the Plaintiff’s primary claim is rejected.

3. According to the facts and the purport of the entire pleadings as to the preliminary claim, the Defendant appears to be in the position to dispose of the instant container, such as using, managing, etc. the instant container. It is acknowledged that the Defendant occupied the portion of the (A) portion of the instant land, among the instant land owned by the Plaintiff through the instant container, connected in order to each point of the items indicated in the drawings of the cadastral map in the attached Form No. 1, 2, 3, 4, 4, 5, 6, and 1. Thus, the Defendant is obligated to remove the instant container to

On April 8, 2003, the Defendant, after acquiring the ownership of the instant land on April 8, 2003, built and owned the instant container, which is an unregistered building, without permission, but became different from the owner of the instant land and the instant container due to public sale.

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