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(영문) 춘천지방법원 속초지원 2021.01.14 2020가합20325
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove each building listed in Appendix 1;

(b) the land set out in Appendix 2;

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in the attached Table 2 (hereinafter “instant land”).

B. C Co., Ltd. newly built on the ground of the instant land in around 1998 the 1st basement and the 5th floor above that of the ground (hereinafter “instant building”), and the said building is an aggregate building subject to divided ownership.

C On September 4, 1998, Co., Ltd. completed the registration of ownership preservation in relation to each subparagraph of attached Table 1 (hereinafter “instant subparagraph”) among the instant buildings.

(c)

The defendant completed the registration of transfer of ownership based on each public auction on July 1, 2010 as to the heading room listed in Section 2 of Appendix 1 attached hereto on September 8, 2009, as to the heading room listed in Section 1 attached hereto on July 1, 2010.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including various numbers in the case with a number) and the purport of the whole pleadings

2. The judgment on the cause of the claim can be evaluated as possessing the land of this case through the possession of the heading room of this case, which is the land of this case. Thus, the defendant is obligated to remove the heading room of this case and deliver the land of this case to the plaintiff, upon the plaintiff's request, unless there are special circumstances such as the existence of legitimate source of right to possess.

3. Judgment on the defendant's defense

A. The Defendant entered into a lease agreement with the Plaintiff on September 15, 2009, as the owner of the land of this case who was divided into the third or fifth or upper floor among the instant buildings with interest on external village interest, and the said lease relationship is against the entire building of this case and the instant land, and continues to exist until now. Thus, the Defendant does not occupy the instant land without permission.

claim to the effect that it is ".."

B. However, the lease agreement entered into between the Plaintiff and D is for the ownership of the entire building of this case, or possession right of the land of this case under the said lease agreement is a party to the lease agreement.

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