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(영문) 춘천지방법원원주지원 2016.10.18 2015가단36487
건물등철거
Text

1. The defendant remove the building on the ground of the land indicated in the attached list to the plaintiff and deliver the land to the plaintiff.

2...

Reasons

Basic Facts

A. On December 25, 1966, the Plaintiff completed the registration of ownership transfer with respect to the land of 1180 square meters (hereinafter “instant land”).

B. D entered into a land lease agreement with the Plaintiff on November 1, 1995 for the purpose of owning the building with respect to the instant land, and completed registration of ownership in the name of the Plaintiff on December 1, 1995 after completing the building listed in the separate sheet (hereinafter “instant building”).

C. D sold each of the instant buildings to E on October 15, 1998, and to F on October 19, 2002, and completed the registration of ownership transfer concerning the said building around that time.

around October 2002, F entered into a lease agreement on the instant land with the Plaintiff for the purpose of owning the instant building, and thereafter, up to July 2015, F has paid KRW 2.5 million to the Plaintiff in the name of rent each year.

E. On July 2, 2014, the instant building was sold to the Defendant on May 13, 2015 after the Korea Asset Management Corporation rendered a decision of public sale, and the registration of ownership transfer was completed under the name of the Defendant on June 4, 2015.

Of the instant land, the rent for the instant building site is KRW 100,000 per month.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2 (including each number), Eul evidence Nos. 1 through 3, and the facts of the above recognition as to the grounds for the overall purport of the pleadings, the defendant is obligated to remove the building indicated in the attached list to the plaintiff who is the owner of the land of this case and deliver the part of the building site of this case to the plaintiff, unless there are special circumstances. The defendant is obligated to return unjust enrichment equivalent to the rent from June 4, 2015 to the completion date of delivery of the building site of this case.

3. Judgment on the defendant's defense

A. The Defendant asserted 1 of the right of lease defense : (a) purchased the instant building in the public sale procedure and concluded F with the Plaintiff for the purpose of owning the instant building.

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