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(영문) 서울중앙지방법원 2013.11.01 2013가단1301
건물철거 등
Text

1. The Plaintiff:

A. Defendant B shall remove the buildings listed in paragraph 3 of the attached list of real estate, and paragraphs 1 and 2 of the attached list.

Reasons

1. Claim against Defendant C and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant B

A. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff was awarded a successful bid for each land listed in paragraphs (1) and (2) of the attached list of real estate (hereinafter “instant land”) in the voluntary auction procedure on April 28, 2009 and completed the registration of ownership transfer. However, the defendant Eul can recognize the fact that he newly constructed and owns a building listed in paragraph (3) of the attached Table on the instant land (hereinafter “instant building”). Thus, the defendant Eul, barring any special circumstance, is obligated to remove the instant building and deliver the instant land to the plaintiff.

B. On the ground that Defendant B owned the instant building with statutory superficies under customary law by owning the instant building on the instant land owned by the Plaintiff, Defendant B did not have any obligation to remove the instant building and deliver the instant land. Comprehensively taking account of the overall purport of the arguments in the records Nos. 3 and 4 around July 27, 1987, Defendant B acquired the ownership of the instant land and constructed the instant building on or around September 19, 1989, and thereafter owned the instant building up to the present date. Accordingly, the Plaintiff could be acknowledged to have obtained the fall of the instant land by auction on or around September 19, 207, and again acquired the superficies under customary law on or around April 28, 2009. However, Defendant B filed a claim against the Plaintiff on September 19, 2007, with Defendant B’s entire pleadings No. 2019, Mar. 19, 2001 (Seoul District Court). 2001.

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