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(영문) 서울남부지방법원 2014.10.23 2013가합19626
건물등철거
Text

1. For the plaintiffs:

A. Defendant D Co., Ltd. (1) remove the buildings listed in the separate sheet, and 2) Guro-gu Seoul Metropolitan Government H.

Reasons

Basic Facts

The deceased A (the Plaintiff’s death on March 3, 2014 during the instant lawsuit pending, and Plaintiff B succeeded to all shares through a consultation division and succeeded to the lawsuit) and the Plaintiff C shall receive 1/2 shares in each of the 508 square meters and 204 square meters (hereinafter “each of the instant sites”) of Guro-gu Seoul Metropolitan Government in the voluntary auction procedure by the Seoul Southern District Court of Justice, and the Plaintiff C shall be awarded a successful bid on November 22, 2013 and completed the registration of ownership transfer on the same day.

Defendant D Co., Ltd. (hereinafter referred to as “D”) newly built buildings listed in the separate sheet (hereinafter referred to as “instant building”) on each of the instant lands on the ground, and on April 2, 2013, upon the commission of the provisional attachment registration, the registration of preservation of ownership was completed for the entire building of this case in the future of the said Defendant.

Defendant E Co., Ltd. (hereinafter referred to as “E”), F, and G are constructors participating in the construction of the said building, claiming lien, and occupying the entire building of this case.

The rent for the entire site of this case is KRW 8,938,00 per month from November 22, 2013 to March 6, 2014.

[Based on the facts without dispute, Gap evidence Nos. 1, 16, 18, and 24 (including the number of each unit), and the appraiser K's appraisal result as to the ground for claim of the entire purport of the pleading, the above recognition facts are as follows: defendant D occupies each of the above sites by owning the building of this case on the ground of each of the land of this case; thereby obtaining profits equivalent to the above site use profits; thereby causing damages equivalent to the above amount to the plaintiffs; and defendant E, F, and G interfered with the plaintiffs' exercise of ownership of each of the land of this case by occupying the building of this case.

Therefore, to the plaintiffs, who are co-owners of each site of this case, the defendant D demolished the building of this case, and deliver the above site. The plaintiffs acquired ownership of the above site from November 22, 2013 to the completion date of delivery of the above site.

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