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(영문) 서울북부지방법원 2017.01.17 2014가단124446
토지인도
Text

1. The Defendants shall jointly:

A. The Plaintiff (Appointed Party) KRW 3,807,175 and Defendant B against this, May 25, 2016.

Reasons

1. Basic facts

A. The building site in Dobong-gu Seoul Metropolitan Government (hereinafter “instant site”) and the above ground brick 119 square meters (hereinafter “the instant building”) and the colon and sap 1, 2 69.39 square meters for detached houses, and 12.96 square meters for underground floors (hereinafter “instant building”) were owned by the networkF. G was a successful bidder at the Seoul Northern District Court H auction on January 26, 1996, and completed the registration of ownership transfer on April 17, 1996 after being awarded a successful bid for the instant building at the Seoul Northern District Court H auction procedure on the instant building.

B. The deceased on August 198, 1998, and at the time, the deceased F was the heir of the network F, and there was Defendants, I, J, K, and L, who were their children, but I, J, K, and L expressed their intent to waive inheritance of the instant building on or around December 2007.

C. On August 21, 2014, the Plaintiff (Appointed Party) among the above site at the voluntary auction procedure for the Seoul Northern District Court M&D of the instant site was awarded a bid of 1/4 shares, 3/4 shares, and 3/4 shares, and completed each share ownership transfer registration on August 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. Barring special circumstances, barring special circumstances, a building owner without authority on the land owned by another person, which owns a building without authority, shall be deemed as gaining profits equivalent to the rent of another person’s land as its property without legal cause, and thereby giving considerable damages to another person. Even if a building or structure owner actually occupies and uses the building or structure, it cannot be deemed as occupying and using the site of the building or structure, and the site of the building or structure shall be deemed as occupying and using it by the owner of the building, etc.

(See Supreme Court Decision 201Du10348 Decided July 24, 2014). In addition, as seen earlier, the Plaintiff (Appointed Party) acquired 1/4 shares and 3/4 shares in the auction procedure on the instant site on August 13, 2014, respectively, and as seen earlier, the Plaintiff (Appointed Party) acquired 1/4 shares and 3/4 shares in the Appointed Party E. The instant building was owned by the networkF.

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