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(영문) 의정부지방법원 2019.06.27 2018가단16348
건물철거 등
Text

1. Of the instant lawsuits, the part concerning the claim for removal of buildings and the claim for removal of land shall be dismissed, respectively.

2. The Defendants jointly do so.

Reasons

1. Basic facts

A. From 1961 to 1961, H installed each building (hereinafter “each building of this case”) on the ground indicated in the separate sheet No. 1 (the land before subdivision was divided into each building listed in the separate sheet No. 632 square meters as of March 29, 2019; hereinafter the same shall apply) on the ground after subdivision, and occupied and used the land before subdivision by owning each building of this case until January 4, 2017.

B. On February 12, 2015, the Plaintiff was awarded a successful bid and completed the registration of ownership transfer on the land before subdivision on March 16, 2015 in the procedures for compulsory auction by J of the District Court.

C. On March 25, 2015, the Plaintiff filed a lawsuit against H with the District Court Decision 2015Kadan10349, which sought the removal of each building of this case and the delivery of the land before subdivision. On April 22, 2016, the judgment of the court below that “H shall remove each building of this case to the Plaintiff, deliver the land before subdivision, and pay the money calculated at the rate of KRW 51,607 per month from February 12, 2015 to the completion date of the removal and delivery of the land” (hereinafter “the judgment of the Supreme Court”).

Accordingly, H appealed (J District Court 2016Na4120), but on October 6, 2016, the appeal was dismissed and the judgment of the previous suit became final and conclusive. D.

H died on January 4, 2017, and the Defendants, the heir of H, were subject to the adjudication on the acceptance of the inheritance limited qualification by inheritance as the District Court Decision 2017Ra1038 on March 7, 2018.

(e) The rent from February 2015 of the land before subdivision is KRW 37,920 per month if used before subdivision, and KRW 156,420 per month if used as a site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Defendants’ determination as to the legitimacy of the claim for removal of buildings and the claim for removal of land among the instant lawsuits is made.

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