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(영문) 전주지방법원정읍지원 2016.10.11 2015가단11135
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. Basic facts

A. On January 9, 2014, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff on February 25, 2014 due to the sale due to a compulsory auction conducted on January 9, 2014.

B. Of the instant land, there are unregistered buildings (hereinafter “instant building”) on each ground of 139 square meters in part 139 square meters in part, 10 square meters in part, 22 square meters in part, 32 square meters in part, 139 square meters in part, and 32 square meters in part, and the part that actually controls the ownership and use of the instant building and its neighboring fences, etc. among the instant land, the claim No. 1-

The part in which the port is 678 square meters (hereinafter referred to as “the part in possession of this case”).

C. The rent for the occupied portion of the instant case is KRW 769,000 from January 9, 2014 to December 31, 2014, and KRW 65,500 from January 1, 2015 to December 31, 2014.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 to 4, and 7 (including paper numbers; hereinafter the same shall apply)

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant Eul owned the building of this case on the land of this case without any title and interfered with the plaintiff's exercise of ownership. As such, the defendant Eul is obligated to remove the building of this case, deliver the occupied part of this case to the plaintiff, and pay unjust enrichment equivalent to the rent after the date of the plaintiff's ownership acquisition. Preliminaryly, in the case that the defendants are co-inheritors, not the defendant Eul, as co-inheritors, they are the co-inheritors of this case, the defendants are obligated to remove the building of this case according to their respective inheritance shares listed in the attached inheritance share sheet, deliver the occupied part of this case, deliver the land of this case, and jointly and severally pay the amount of unjust enrichment equivalent to the above rent. 2) The owner of the land of this case and the building of this case at the time when the provisional attachment entry registration was completed or the ownership transfer registration was completed due to compulsory auction, but each of them is due to the sale by compulsory auction.

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