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(영문) 전주지방법원 2016.12.14 2015가단17847
건물퇴거 등
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The plaintiff asserts as stated in the attached Form.

In principle, it is true that the removal of a building constitutes a final disposition of ownership, and thus, in principle, the right to remove the building is restricted only to the owner (in principle, the registration titleholder).

As an exception, the right to remove and dispose of a building, such as purchasing and possessing the building from the former owner, etc., within the scope of the right, has also the right to remove and dispose of the building in possession.

Therefore, even after closely examining all the evidence submitted by the plaintiff, it is insufficient to recognize that the defendant is a disposal authority of the building as stated in the separate sheet, and there is no other evidence to acknowledge that the defendant is a disposal authority of the building as stated in the separate sheet.

The plaintiff's claim of this case seeking removal against the defendant who is not recognized as the person entitled to remove shall be dismissed as it is without merit.

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