(영문) 광주지방법원 2014.12.12 2014나5445 | 리걸엔진

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(영문) 광주지방법원 2014.12.12 2014나5445

건물등철거 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Ⅰ.

Reasons

1. Facts of recognition;

A. From around March 1993, the Defendant, the Plaintiff’s grandchildren, owned the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant site”) and the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”), which was constructed on the instant site, donated the instant site to C, the ASEAN on March 3, 1998.

B. Since then, in the auction procedure for D's auction for D's real estate branch in Gwangju District Court of Gwangju District, where the instant site was commenced, E was awarded a successful bid on October 2, 2002, and completed the registration of ownership transfer under the receipt No. 35 of Gwangju District Court Decision 2027, Jan. 2, 2003. The Plaintiff completed the registration of ownership transfer as the receipt of Jan. 22, 2003 by the same court on January 27, 2003.

C. On November 23, 2011, the Defendant continued to reside in the instant building even after the ownership of the instant building was transferred to the Plaintiff, and occupied and used the instant building, and completed the registration of ownership transfer on the same day.

On September 25, 2012, the Plaintiff sent to the Defendant a content-certified mail demanding the removal of the instant building and the delivery of the instant site, and served to the Defendant around that time.

E. The rent of 30,740 won for the instant site in 2012 and the rent of 31,700 won in 2013 and thereafter is ratified as the same amount.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, the result of the request by the court of first instance for appraisal of rent to appraiser G, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion without any title occupies and uses the entire site of this case for the purpose of owning and residing in the building of this case. Thus, the defendant removes the building of this case to the plaintiff, deliver the site of this case to the plaintiff, and from the date of acquisition of the plaintiff's ownership.

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