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(영문) 대전지방법원공주지원 2015.08.20 2015가단20390
건물등철거
Text

1. The Plaintiff:

A. Defendant C is respectively indicated in the attached sheet No. 1, 2, 3, 11, 12, 13, 13, and 1 among the land size of 1,006 square meters prior to Sinju-si D.

Reasons

1. On August 14, 2014, the registration of ownership transfer was completed in the Plaintiff’s name with respect to the land indicated in paragraph (a) of Article 1 of the judgment on the cause of the claim (hereinafter “instant land”); Defendant B is in a position to legally or factually dispose of each part of the building indicated in paragraph (a) of the disposition No. 1, which is part of the unregistered building (hereinafter “each part of the instant building”); Defendant C leased each part of the instant building from Defendant B, and the fact that Defendant C occupied the leased part of the instant building from Defendant B may be recognized by each entry in subparagraphs 1 through 3 (including the serial number).

According to the above facts, the land in this case is presumed to be owned by the plaintiff, and the defendant Eul has the legal or de facto right to dispose of each part of the building in this case, and it occupies each part of the land indicated in Paragraph (a) of Paragraph (1) of this Article (hereinafter "each part of this case"). The defendant C interferes with the exercise of the plaintiff's ownership of each part of the land in this case due to the possession of each part of the building in this case. Thus, the plaintiff, the defendant C moved out of each part of the building in this case, and the defendant B is obligated to remove each part of the building in this case and deliver each part of the land in this case.

2. Determination as to Defendant B’s assertion

A. Defendant B asserted to the effect that he exercises the right to purchase a building as stipulated in Article 643 of the Civil Act against the Plaintiff. As such, since the right to request a purchase of a building as stipulated in Article 643 of the Civil Act is the right of a lessee in the lease of land for the purpose of owning a building, the fact that a land lease contract was concluded between the Plaintiff and the Defendant B for the purpose of owning a building regarding the instant land should be recognized. However, there is no other evidence to acknowledge it, and there is no other evidence to acknowledge it.

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