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(영문) 수원지방법원평택지원 2019.02.07 2018가단59036
건물등철거
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 26, 2016, the Plaintiff: (a) awarded a successful bid on Pyeongtaek-si D 50 square meters (hereinafter “instant land”) in common by eight persons, such as E, etc. (hereinafter “E, etc.”) through the F compulsory auction case in the Suwon District Court; and (b) paid the purchase price in full.

B. Defendant B: (a) was awarded a bid on the instant land owned by Nonparty B, etc. for a brick structure, 29.78 square meters on the ground of the instant land, which was owned by E, etc.; (b) 29.78 square meters on the boiler roof; and (c) 29.78 square meters on the boiler roof and storage; and (d) 4.5 square meters on the shower group, which was used by Nonparty B, for a compulsory auction case in Suwon District Court G compulsory sale on the land of this case (hereinafter “instant building”); and (b) completely paid the sales price on December 6,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that Defendant C occupies and owns one square meter of a building on “1” portion of the building connected in order to each point of the attached Table 4, 5, 8, and 4 on the ground of the instant land (hereinafter “the attached Table 4, 5, 8, and 4”), and Defendant B occupies and owns a 7 square meter of a building on the part of “2” in the ship connecting each point of the attached Table 8, 5, 6, 7, and 8, in turn, the attached Table 8, 5, 6, 7, and 8. Therefore, the Defendants are obligated to remove each of the above buildings to the Plaintiff, who is the

Each of the above buildings is an unauthorized extension building, and the defendants are the assignee of an unauthorized building, so the defendants do not establish legal superficies under customary law.

B. In a case where land and a building belonging to the same person’s ownership become different owners due to sale, donation, compulsory sale by official auction, public sale under the National Tax Collection Act, etc., the owner of the building acquires a customary statutory superficies for the ownership of the building, unless otherwise stipulated that the building be demolished, and the building is an unauthorized building, insofar as it satisfies the requirements as it satisfies.

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