(영문) 의정부지방법원 2014.11.04 2014가단12492

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(영문) 의정부지방법원 2014.11.04 2014가단12492

건물명도 및 부당이득금 반환

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1. The defendant shall provide the plaintiff with the real estate stated in the attached list (the central stairs on the ground plan shall be the second floor right side part).

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) is the second floor right side of the building attached to the collective building ledger on the basis of the stairs in the degree of the present condition attached to the collective building ledger, and the entrance is marked “A-201.”

B. On July 28, 2011, the Plaintiff purchased the instant real estate in the public sale procedure, and completed the registration of ownership transfer on the same day.

C. Meanwhile, on April 13, 2001, the Defendant purchased the instant real estate No. 201 from the auction procedure on April 13, 2001, and completed the registration of ownership transfer as to the instant real estate No. 201. From that time, the Defendant began to occupy and use the instant real estate indicated as “A-201” on the entrance, and remains now.

Around July 2001, the appraised market value of the instant real estate is KRW 80 million, and at least KRW 80,000,000, the rent with no deposit at the time is at least KRW 1% of the market value, and may be ratified as at least the same amount thereafter.

E. Meanwhile, based on the current status of the instant real estate building, the entrance to the right section is indicated as A-101, A-201, A-301, and A-401, while the entrance to the right section is indicated as A-102, A-202, A-302, and A-402.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, Eul evidence No. 3-1 to 8, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the real estate of this case located on the right side of the second floor on the basis of stairs under the ground plan of the building of this case is specified as "202" by the public register, which is the public register as to the indication of real estate. The plaintiff purchased it in the public sale procedure conducted with respect to the real estate of this case and completed the registration of ownership transfer as to "No. 202, the real estate building of this case" after completing the registration of ownership transfer as to "No.

Therefore, the defendant raises objection to the plaintiff.

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