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Reasons
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(영문) 대구지방법원안동지원 2016.09.07 2015가단23338
건물등철거
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1. The Defendants’ respective Plaintiff:

(a) remove the buildings listed in Attachment 1;

(b) Attachment 2.2.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and 1-1, 2, and 3

On August 21, 2011, the Plaintiff purchased from J the land listed in [Attachment List 2 (hereinafter “instant land”) and completed the registration of ownership transfer on the same day.

B. At around 1942, K newly constructed a building listed in attached Table 1 (hereinafter “instant building”) on the ground of the instant land.

C. K died after having left Defendant C, D, E, F, G, H, and I (hereinafter “Defendant C, etc.”) who is the wife on April 22, 2008. L died on January 21, 2013.

Defendant B purchased the instant building from Defendant C, etc. on September 10, 2013, and paid the sales price in full on the same day, and occupied and used the instant building from around the day of the above sales contract to the day of the closing of argument.

E. Meanwhile, the instant building is unregistered buildings.

2. Determination

A. According to the above facts, barring any other special circumstance, Defendant C et al., the deceased K’s heir of the building of this case, is the original purchaser of the building of this case, and Defendant B is the transferee of the building of this case who is unregistered, and is the owner of the building of this case, and is obligated to remove the building of this case and deliver the land of this case to the Plaintiff (see Supreme Court Decisions 87Meu3073, Feb. 14, 1989; 2002Da61521, Jan. 24, 2003; 2009Da61193, Jan. 28, 2010). Furthermore, the Plaintiff cannot, as the transferee of the building of this case, request the removal of the building of this case against Defendant B from the original purchaser of the building of this case, but is not entitled to remove the building of this case from the transferee of the building of this case (see, e.g., Supreme Court Decision 97Da54757, Jul. 4, 1997).

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