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(영문) 서울중앙지방법원 2015.06.11 2014가단138170
건물등철거 등
Text

1. The Defendants jointly pay to the Plaintiff KRW 15,768,830 and the interest rate thereon from March 25, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 15, 2010, the acquired applicant C and D owned 1/2 shares of each of the land listed in the separate sheet (hereinafter “instant land”) and set up a collateral security right, which is the debtor, on April 15, 2010, with the collateral of the instant land and the building before the removal of the said land and the said land.

B. On October 29, 2012, the respondent C and D removed the building above the instant land and newly constructed a building No. 2 as indicated in the separate sheet (hereinafter “instant building”).

C. On July 24, 2013, the decision to voluntarily commence the sale of the instant land upon the application for voluntary auction by the Korean Agricultural Cooperatives, and the instant building was completed on July 26, 2013 by the entrustment of provisional disposition registration, and Defendant B purchased 1/2 shares of the instant building from Defendant A on August 13, 2013, and completed the registration of ownership transfer in its name.

On the other hand, in the auction procedure on the instant land, the Plaintiff decided as the highest purchaser, and paid the sale price on June 19, 2014, and acquired the ownership of the said land.

E. After that, on November 25, 2014, the registration of transfer of ownership in the name C and D of each one-half shares was completed on the ground of the restoration of the true name on the instant building.

F. The monthly average rent of the instant land is KRW 3,059,000 from June 19, 2014 to February 24, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, result of a request for appraisal of rent by appraiser E, purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the removal of the building and the part of the claim for delivery of the land, the respondent is obligated to remove the building of this case to the Plaintiff, the owner of the land of this case, and deliver the land of this case, unless there are special circumstances.

In this regard, the respondent for the acquisition of the building of this case Article 366 of the Civil Code.

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