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(영문) 부산지방법원 2016.06.09 2015가단79696
무허가건물소유권확인
Text

1. The part of the plaintiffs' claim for confirmation of ownership among the lawsuit of this case is dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Facts of recognition;

A. On June 22, 1978, the Defendant purchased D 43 square meters in the Dong-gu Busan Metropolitan City (hereinafter “instant land”) and completed the registration of ownership transfer, and then newly built a unregistered building (1.6 square meters in the first floor, 27 square meters in the housing, 38 square meters in the housing, 27.2 square meters in the third floor, 11.6 square meters in the housing, 11.6 square meters in the first floor, 0.8 square meters in the boiler room, 22 square meters in the bathing room, and 3.2 square meters in the toilet room, etc. (hereinafter “instant building”).

B. The National Agricultural Cooperative Federation established a right to collateral security on August 24, 1994 and applied for a voluntary auction on February 2, 199 after it established a right to collateral security on the instant land. Accordingly, E was awarded a successful bid on December 23, 1999.

C. Since then F (the Defendant’s wife) and G (the Defendant’s wife) purchased 1/2 shares of each of the instant land from E and completed the registration of ownership transfer on February 1, 200.

H, on January 12, 2010, established a right to collateral security with respect to F’s said 1/2 share, and applied for a voluntary auction on November 23, 2010. In this auction procedure, the Plaintiffs received a successful bid on June 15, 201, respectively.

Accordingly, G shares 1/2 and the plaintiffs shared 1/4 shares, respectively.

E. The Plaintiffs filed a lawsuit against the Defendant and F seeking the removal of the instant building, and at the first instance court, dismissed the judgment (Seoul District Court Decision 201Da74563, Feb. 14, 2012) and expanded the purport of the claim, such as the payment of rent, while filing an appeal, but only accepted only some of the claims (part of the claim for the payment of rent against the Defendant) added in the appellate court, and all of the remaining appeals were dismissed (Supreme Court Decision 2012Na5213, Jan. 11, 2013).

F. Afterwards, the Plaintiffs filed a lawsuit against Defendant C seeking removal of the instant building and delivery of half of the instant land on the ground that payment of rent for two years was unpaid. The Plaintiffs did not dispute against the Defendant, which rendered judgment in the first instance court, Busan District Court Decision 2013Kadan56231, Sept. 5, 2013.

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