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(영문) 의정부지방법원고양지원 2019.12.19 2018가단72556
건물등철거
Text

1. The Plaintiff, Defendant B, in the order of sequence, indicated in the annexed drawing No. 1, 2, 3, 4, 5, and 1, among the land size of 91 square meters in Pakistan-si.

Reasons

1. Facts of recognition;

A. On January 8, 2014, the Plaintiff purchased E large 91 square meters (hereinafter “instant land”) from F on the same month and completed the registration of ownership transfer in the name of the Plaintiff on the 22th of the same month.

B. Around 1958, Defendant B newly built a building of 88.22 square meters (hereinafter “instant building”) on three lots, such as the instant land, Haju-si, H 49 square meters, I large 169 square meters, etc., and donated it to Defendant B on September 18, 1991.

around 2007, Defendant B reconstructed the building of this case into the steel-frame sand plate roof.

C. Of the instant building, part of the instant building is built on the part of 66 square meters on the part of 1,2,3,4,5, and 1, connected in sequence with each point of the attached drawing indication 1, 2, 3, 4, 5, and 1 among the instant land.

Defendant C and D are running a business in the name of “J” by leasing the instant building from Defendant B.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, Defendant B is obligated to remove the building’s “1” portion of the building in sequence with each point of No. 1, 2, 3, 4, 5, and 1 among the instant land, and Defendant C and D are obligated to withdraw from each of the above buildings, barring special circumstances.

B. As to the determination of the Defendants’ assertion, the Defendants had already been constructed on the ground at the time of the Plaintiff’s purchase of the instant land, and thus, the Plaintiff, prior to the purchase of the instant land, occupied the instant land by Defendant B, the owner of the instant building. In other words, around May 1997, Defendant B purchased the instant land from F around KRW 30 million and paid KRW 14.5 million out of the purchase price, and the remainder of KRW 15.5 million remains, and the registration of ownership transfer was completed by F.

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