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(영문) 서울남부지방법원 2016.05.03 2015가단215230
건물철거 등 청구의 소
Text

1. From April 30, 2015, Defendant B is the date of the Plaintiff’s possession or loss of each land indicated in the Defendant’s separate sheet.

Reasons

1. Facts of recognition;

A. The Defendant acquired the ownership of each of the instant land and the previous building as follows.

1) Each land listed in the separate sheet Nos. 1 and 3 (hereinafter referred to as “each land listed in the separate sheet”) shall be “the land” in accordance with that paragraph.

) On the ground of each of the lands of paragraphs 1 and 2, earth, brick, straw-projected 102 square meters of a single-story house (hereinafter referred to as “Gu building”).

As to each land, each of which was completed the registration of ownership transfer on April 26, 2005 on the ground of the sale by compulsory auction as of March 22, 2005, on April 26, 2005. 2) 2 and 4, each of which was completed the registration of ownership transfer on April 13, 2007.

B. On November 2007, the Defendant removed the old building on the land Nos. 1 and 2 and newly built a new building.

However, the register of the old building was not closed, and the new building was not registered continuously.

C. The Defendant offered each of the instant lands and the buildings on the ground thereof as joint security to Karoglas Fura Co., Ltd. (hereinafter “Surria”), and there was no registry on the new building, and thus the joint establishment registration was completed on each of the instant lands and the previous buildings.

On April 30, 2015, the compulsory auction on each land of this case was conducted, and the plaintiff was awarded a successful bid and paid the price in full.

E. Meanwhile, Defendant C entered into a lease agreement with Defendant B on part of a new building and occupies part of the new building.

F. The amount equivalent to the rent after April 30, 2015 for each of the instant land is KRW 906,000 per month.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 2 (including the branch numbers of Eul evidence 2), the result of appraiser D's fee appraisal, the purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff, the owner of each of the instant lands, and Defendant B, the owner of the instant building, removed the new building, and the amount equivalent to the rent for each of the instant lands is unjust enrichment.

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