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(영문) 서울남부지방법원 2019.04.17 2018가단215040
건물등철거
Text

1. The defendant

A. Of the size of 112 square meters in Yeongdeungpo-gu Seoul Metropolitan Government D, each point of the attached Form No. 5,6,7,8,2, and 5 are indicated.

Reasons

1. Facts of recognition;

A. On January 8, 2018, the Plaintiff’s order No. 1-A

On December 23, 2017, with respect to the land indicated in the port (hereinafter “Plaintiff’s land”), the registration of ownership transfer was completed on the ground of sale on December 23, 2017, and the Defendant completed the registration of ownership transfer on January 12, 1990 with respect to the E-lease 116 square meters and buildings (hereinafter “Defendant’s building”) on January 12, 1990, and the status of each land is as indicated in the attached Form.

B. The Defendant’s building, in sequence with each point indicated in the separate sheet Nos. 5,6,7,8,2, and 5 among the Plaintiff’s land, was installed in a part 1,00 square meters in part 9.6 square meters (hereinafter “the occupied part of this case”).

[Ground of recognition] A.1 to 3, the result of the appraisal commission to appraiser F by this court, the purport of the whole pleadings

2. Request for removal and delivery;

A. Thus, the defendant is obligated to remove the defendant's building on the ground of the occupation of this case and deliver the land to the plaintiff who exercises the right to request the return, barring special circumstances.

B. The Defendant’s assertion 1) asserts that the statute of limitations for the acquisition of possession was completed on the part in the instant case, and thus, the Defendant cannot respond to the Plaintiff’s claim. Even if the statute of limitations for the acquisition of possession on the part in the instant case has expired, it is merely limited to the right of claims until the Defendant completed the registration of ownership transfer on the part in the instant case. Since the Plaintiff purchased the Plaintiff’s land on January 8, 2018, which was after the statute of limitations for the acquisition of possession, and acquired the complete real right after completing the registration of ownership transfer, the Defendant, who is the obligee, cannot set up against the Plaintiff, who is a new creditor, on the ground of the claim for the registration of ownership transfer following the completion of the statute of limitations for the acquisition of possession.

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