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(영문) 서울중앙지방법원 2019.08.23 2018가단5227875
건물등철거
Text

1. The primary Defendant D is KRW 1,923,50 per annum for the Plaintiff and 5% per annum from July 23, 2019 to August 23, 2019.

Reasons

1. Facts of recognition;

A. On September 20, 2018, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to the land of Jongno-gu Seoul Metropolitan Government F large 529.7 square meters (hereinafter “F land”) between G and G, and completed the registration of ownership transfer on October 30, 2018.

B. On February 8, 1994, Defendant C completed the registration of ownership transfer on the grounds of inheritance by consultation and division on December 26, 1993 as to the Jongno-gu Seoul Jongno-gu H Ground Building (hereinafter “H land”) (hereinafter “instant building”). After that, Defendant C completed the registration of ownership transfer on February 22, 2018 as to the instant building on January 22, 2018.

C. On February 21, 2019, Preliminary Defendant E Co., Ltd. (hereinafter “Preliminary Defendant E”) completed the registration of ownership transfer based on the trust on February 21, 2019.

H Land and F land are bordered as shown in the annexed drawing. Among F land owned by the Plaintiff, the instant building is constructed by erosioning on the ship, which connects each point of the F land indicated in the annexed drawing Nos. 15, 16, 17, 18, 19, 20, 21, 21, 5, 25, 23, 9, 10, 11, and 15 in sequence, to the extent that the instant building is located on the part of 38.6 square meters (hereinafter referred to as “the instant bedroom”).

E. Meanwhile, the proviso of Article 3 of the sales contract of this case provides that “The seller notified the buyer (Plaintiff) that the building of this case was in violation of F land, and that the seller transferred all the legal rights (e.g., removal and unjust enrichment) to the building of this case to the buyer and granted the buyer the right of notification of transfer. The seller agrees to transfer all the rights and obligations arising in relation to adjacent H land and all legal relations arising in relation to the owner of the building of this case to the buyer, and then the seller confirms that there is no responsibility therefor.”

F. The plaintiff is against the defendant C and the main defendant D.

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