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(영문) 대전지방법원홍성지원 2015.08.11 2015가단2904
건물소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer is completed with respect to the land of 2042 square meters in Bocheon-si D (hereinafter “land prior to subdivision”) based on the “a successful bid due to a compulsory auction by official auction on May 19, 199” under the 11427 received on June 5, 199 by Bocheon-gu District Court Bogi-gu, Daejeon District Court (Seoul District Court Order 11427.

B. On July 28, 2000, the above land was divided into F or G land in Bocheon-si.

C. On March 3, 2014, the Plaintiff purchased the instant land at KRW 11,500,000 from Boan-si, Boan-si (hereinafter “instant land”).

On the ground of the instant land, the “A” portion of the “A” portion connected in order to each point of Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 105.26 square meters on the ground of Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1 of Annex 1, and the “A” portion of the “B” portion of the “A” portion of the “B” portion of the “B” portion of the “B” portion of the “B” unit of reinforced concrete structure of 8.84 square meters on the 2nd floor.

(ii) there are several types of housing in this case, and the defendant is residing in the housing in this case [based] without dispute, Gap evidence 2, 7, and 8 (which may include each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The assertion and judgment

A. On September 21, 1999, the Plaintiff asserted that the instant housing was purchased from H and I, the owner of the building, and the unregistered building.

However, since it was before the division, the sales contract was indicated as “J 233 square meters and G 187 square meters, which is a parcel number to be divided,” and as E acquired the instant land in a compulsory auction procedure, E purchased the instant land from E.

Therefore, the Plaintiff is the owner of the instant land and housing, and the Defendant occupied the instant land and housing without permission. Therefore, the Defendant is obligated to transfer the instant land and housing to the Plaintiff, and to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 500,000 per month from March 23, 2015 to the completion date of delivery of the said land and housing at the time of filing the instant lawsuit.

B. Determination 1.

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