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(영문) 수원지방법원성남지원 2016.02.17 2015가단14296
건물철거 등
Text

1. The Plaintiff:

A. Defendant B shall remove the real estate listed in paragraph 2 of the attached list and set out in paragraph 1 of the attached list.

Reasons

1. Basic facts

A. On July 16, 2008, the Plaintiff: (a) sold the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) in the instant E Auction Case; (b) paid the successful bid price in full; and (c) acquired ownership of the instant land.

B. Defendant B completed the registration of ownership transfer on November 13, 1987 with respect to the real estate listed in [Attachment List No. 2 (hereinafter “instant building”) based on sale and purchase.

C. Defendant C and D are residing in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, Defendant B is obligated to remove the instant building based on the Plaintiff’s ownership and deliver the instant land, and Defendant C and D are obligated to withdraw from each of the instant buildings.

B. Defendant B’s assertion and judgment that the Plaintiff knew of the existence of the instant building at the time of the successful bid, and thus cannot comply with the Plaintiff’s claim for removal of the instant building and delivery of the instant land. However, the circumstances alleged by Defendant B are not enough to prevent the Plaintiff’s claim on the sole basis of the circumstances alleged by Defendant B.

3. The plaintiff's each claim against the defendants is justified and it is so decided as per Disposition.

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