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(영문) 대전지방법원 2016.06.07 2015가단215943
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) Removal of each building and each ground set out in the separate sheet No. 2, and paragraph 1. of the separate sheet.

Reasons

1. Facts of recognition;

A. On March 25, 2010, the Plaintiff purchased the instant land and completed the registration of ownership transfer in the real estate compulsory auction procedure for the land listed in attached Table No. 1 (hereinafter “instant land”).

Before the land of this case was sold from the auction procedure, the Defendant, as the owner of each building listed in the separate sheet No. 2 of the land of this case and the land of this case (hereinafter “the building of this case”), acquired legal superficies under the customary law on the land of this case due to the auction.

B. The Plaintiff filed a lawsuit to the Defendant (Seoul District Court 2010Gaz. 201093) claiming the rent on the instant land, and was rendered a favorable judgment that recognized the rent according to the ratio of KRW 421,000 per June 8, 201.

In the appellate court (Seoul District Court 201Na10189) upon the Defendant’s appeal, there was a decision on December 9, 201, 201 to recommend settlement (hereinafter “the decision on recommending settlement of this case”) that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of KRW 386,00 per month from March 25, 201 and from March 25, 2011 by the Plaintiff’s loss of ownership in the instant land or by the end of the Defendant’s possession” (hereinafter “the decision on recommending settlement of this case”). The decision on recommending settlement of this case became final and conclusive.

C. On June 21, 2012, the Plaintiff filed a lawsuit claiming the removal of a building, etc. with the Daejeon District Court 2012Kadan26975 on June 21, 2012, since the Defendant did not pay the rent even after the decision to recommend reconciliation in

On September 18, 2012, the Defendant remitted 9,216,000 won to the Plaintiff, and the Plaintiff submitted the written withdrawal of the lawsuit on October 4, 2012.

The Defendant paid KRW 584,00 to the Plaintiff on March 2, 2014, and KRW 500,000 to the Plaintiff on March 25, 2015. On April 6, 2015, the Defendant remitted KRW 500,000 to the Plaintiff under the name of C.

E. On August 27, 2015, the Defendant, after receiving the instant complaint, remitted KRW 11,968,00 in total to the Plaintiff under the name of the Defendant, including KRW 8,084,00, and KRW 3,884,00 in the name of D, March 25, 2016.

[Reasons for Recognition] A1.

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