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(영문) 수원지방법원여주지원 2014.05.21 2012가단15345
건물퇴거
Text

1. The Defendants shall withdraw from each part of the possession of the building listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired ownership on June 28, 2001 with respect to the land V large 249.9 square meters (hereinafter “instant land”). The Plaintiff is the owner of the instant land and the building located on the land of Y large 107 square meters (hereinafter “instant building”).

B. On July 16, 2003, the Plaintiff filed a claim for rent against W, Seoul District Court Decision 2002Gapo237900, and received a favorable decision from the above court to pay rent of KRW 511,000 per month from the time when the building of this case was removed or the ownership was lost, and the above judgment became final and conclusive around that time.

C. Since W Co., Ltd. did not perform its obligation to pay the rent according to the above land payment decision, the Plaintiff filed a lawsuit against W, Inc., Seoul Southern District Court 2007Kadan35033, and was sentenced in favor of W, on July 11, 2008, to remove the building of this case and deliver the site thereof from the above court, and the above judgment became final and conclusive around that time.

Defendant B, Samsung Consulting Co., Ltd. is a lessee who leases and occupies each of the households of the instant building, as shown in the separate sheet, as the person having the right to lease the instant building, and the remaining Defendants are the lessees.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Even in cases where the owner of land is entitled to demand the owner of the building to remove the building or deliver its site on account of a lack of the right to use the building for its existence, if a person other than the owner of the building occupies the building, the owner of land shall not implement the removal, etc. of the building unless such building is removed;

Therefore, the land ownership is based on the above possession.

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