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(영문) 창원지방법원 2019.08.08 2018가단120493
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Appendix 1 List 2;

(b) Appendix 1 List 1.

Reasons

1. Facts of recognition;

A. On January 7, 2013, the Plaintiff acquired the Plaintiff’s land ownership and completed the registration of ownership transfer on January 15, 2013 after purchasing the land listed in attached Table 1 List 1(1) (hereinafter “instant land”).

B. 1) C is the owner of the instant land before the Plaintiff acquired the instant land from the auction procedure, and as the owner of the instant land, C is the building listed in attached Table 1 List 2 on the instant land before the Plaintiff acquired the instant land from the auction procedure (hereinafter “instant building”).

2) The Defendant’s mother, on February 7, 2003, completed the provisional disposition registration as to the building of this case on the ground of the provisional disposition order (2003Kadan985) dated February 5, 2003 at the Changwon District Court on the ground that the right to claim for ownership transfer registration was a preserved right.

At the time of the above provisional disposition registration, registration of preservation of ownership of the building of this case has been completed.

3) The Plaintiff filed a lawsuit against C on August 17, 2004 against the Changwon District Court 2003Kadan7510 case, and the conciliation was concluded between C and the Plaintiff’s designated person on September 5, 2003, to transfer the ownership of the instant building. 4) The ownership transfer registration for the instant building was completed in the future of the Defendant on August 17, 2004 pursuant to the above conciliation protocol.

C. (1) On November 23, 2006, the Plaintiff filed a lawsuit against the Defendant for the return of unjust enrichment equivalent to the rent for the instant land as Busan District Court 2006da12983 case. On July 12, 2007, the agreement was concluded between the Defendant and the Defendant on September 5, 2003 to August 4, 2006 that the Defendant paid 5,894,000 won in installments to the Plaintiff. (2) On September 5, 2007, the Plaintiff and the Defendant from September 2006 to September 2007, concluded a lease agreement for the period of 150,000 won (20,000 won from October 207 to September 2007) and the period of 23 years from the date of mediation.

hereinafter referred to as "the case."

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