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(영문) 서울중앙지방법원 2015.06.25 2015가단5567
건물퇴거
Text

1. The Plaintiff:

A. Defendant B shall indicate 4, 5, 6, 7, 7, as indicated in the annex No. 3 of the real estate list.

Reasons

1. Basic facts

A. On April 28, 2009, the Plaintiff completed the registration of ownership transfer due to the sale of each land listed in paragraphs (1) and (2) of the attached list of real estate (hereinafter “instant land”) by voluntary auction.

B. The Plaintiff filed a lawsuit against D with the Seoul Central District Court 2013Kadan1301, and the said court rendered a judgment on November 1, 2013 that “D shall remove the building listed in attached Table 3 (hereinafter “instant building”) to the Plaintiff.”

D filed an appeal against the above judgment (Seoul Central District Court 2014Na8003). On September 5, 2014, the appellate court rendered a judgment that "D shall remove the part of the building connecting each point of the building listed in the attached Table No. 3 of the real estate list No. 1, 2, 3, 4, 5, 6, 7, 12, 13, 9, 10, 11, and 12 of the attached Map No. 1, 2, 3, 4, 6, 7, 12, 13, 9, 10, 11 and 1

D filed an appeal against the above judgment (Supreme Court Decision 2014Da84688 Decided March 12, 2015), and the Supreme Court sentenced the dismissal of appeal to the Supreme Court.

C. Defendant B occupied and used 201 on the ship connecting each point of 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 4 on the second floor of the instant building (hereinafter “201”), among the two floors of the instant building, and Defendant C occupied and used 102 on the ship connecting each point of 1,2, 3, 15, 14, 13, 12, and 1 on the first floor of the instant building (hereinafter “102”).

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the above recognition as to the plaintiff's claim, as the owner of the land of this case, the defendant B is obligated to leave the building of this case from 201 and the defendant C is obligated to leave the building of this case from 102.

B. Defendant B’s assertion of Defendant B is determined.

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