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(영문) 대전지방법원서산지원 2015.03.31 2014가단8112
건물철거 등
Text

1. The defendant is a cement block structure with a surface of cement block located within the area of 294 square meters, which is marked with the drawings, among the area of 294 square meters in Chungcheongnam-do, Chungcheongnam-do.

Reasons

1. On May 28, 2014, the Plaintiff acquired ownership of C large 294 square meters (hereinafter “instant land”). The Defendant is residing in each of the buildings listed in Paragraph (1) of the Disposition, which are buildings unregistered without permission on the instant land, (hereinafter “instant building”). There is no dispute between the parties.

Thus, barring special circumstances, the defendant is obligated to leave the building of this case since he resided in the building of this case and occupied the land of this case.

2. Judgment on the defendant's defense

A. Since the land and buildings of the defendant were owned by the non-party D due to a compulsory sale by official auction, D, the owner of the building of this case, acquired statutory superficies under the customary law for owning the building against the plaintiff who is the land owner of this case, and therefore, the plaintiff cannot request the defendant who leased the building of this case from D to leave.

B. As to whether the land and buildings in this case were owned D, it is insufficient to recognize it even if all the evidence submitted by the Defendant was integrated, and there is no other evidence.

Therefore, the defendant's defense is not accepted.

3. citing the Plaintiff’s claim.

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