logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2018.10.24 2018가단1988
건물철거 및 토지인도
Text

1. The Defendant removes the building indicated in the attached list to the Plaintiff and delivers the land equivalent to Seocheon-gun, Seocheon-do, Chungcheongnam-do, Chungcheongnam-do.

2.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the reasons for the claim No. 1-1 and No. 2, the Plaintiff may recognize the fact that the Plaintiff completed the registration of ownership transfer on March 21, 2016 with respect to the land of Seocheon-gun, Chungcheongnam-do, Chungcheongnam-do, and the fact that the Defendant completed the registration of ownership transfer on September 15, 1990 on the attached list on the ground of the above land (hereinafter “instant building”), and there is no counter-proof.

According to the above facts, since the owner of a building occupies the site, the defendant is obligated to remove the building in this case and deliver the land to the plaintiff, barring special circumstances.

2. Judgment on the defendant's defense

A. As defense D permitted the construction of the instant building on the land by the former owner D, and agreed to use the land free of charge during the existence of the building, the Defendant has a legitimate right to occupy the said land.

B. Even if there was an agreement with the former owner of the above land claimed by the Defendant (a loan agreement for use of the above land), this is merely a claim relationship, and the Plaintiff, the owner of the above land, does not succeed to the obligations under the above agreement, and therefore, the aforementioned defense

3. Conclusion, the Defendant is obligated to remove the instant building and deliver the said land to the Plaintiff.

The plaintiff's claim of this case is justified and accepted.

arrow