(영문) 청주지방법원 충주지원 2018.10.10 2017가단2123

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(영문) 청주지방법원 충주지원 2018.10.10 2017가단2123

토지인도 등

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1. The Defendant shall deliver to the Plaintiff the CJ 1,140 square meters in Chungcheongnam-si.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Determination as to the cause of claim

A. On May 31, 2002, the Plaintiff purchased C & 1140 square meters (hereinafter “instant land”) from D and completed the registration thereof. On the above land, there are 1,2,3,4, and 118 square meters of the warehouse (hereinafter “the instant warehouse”) connected in order to each point of the attached drawing indication 1, 2, 3, 4, and 1 on the above land, and there is no dispute between the parties.

Therefore, the Defendant is obligated to deliver the instant land to the Plaintiff, barring special circumstances.

B. Furthermore, as the Plaintiff asserts the ownership of the warehouse of this case, the Plaintiff also seeks the removal of the warehouse.

If a building constructed on another's land is unregistered and the ownership of the building is infringed on by the ownership of the building, the obligation to remove the building is a person in a position to dispose of the building legally and factually.

(See Supreme Court Decision 91Da11278 delivered on June 11, 1991, the fact that the warehouse of this case was not registered is not disputed between the parties. However, in addition to all the evidence submitted by the plaintiff, including evidence Nos. 3, 4, and 6, it is insufficient to recognize that the defendant is a person having the right to dispose of the warehouse of this case, and there is no other evidence to acknowledge it.

Therefore, the Defendant’s assertion on this different premise is rejected without examining it.

2. Judgment on the defendant's defense, etc.

A. The summary of the Defendant’s assertion is that the warehouse of this case is owned by the Defendant’s first-friendly E, and is owned by its inheritors, including the Defendant.

The network E newly constructs the warehouse of this case with D's consent that was the owner of the land of this case around 1987, and there is superficies on the land of this case.

However, the location of the warehouse of this case is not the land of this case C, but the FF in Chungcheongnam-si (hereinafter “F land”).

참조판례

-대법원 1991. 6. 11. 선고 91다11278 판결

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