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(영문) 대구지방법원서부지원 2016.11.09 2015가단39870
건물등철거
Text

1. From October 28, 2015, the Defendant lost the Plaintiff’s ownership as to the land specified in attached Table 1 from October 28, 2015.

Reasons

1. Judgment as to the main claim

A. The plaintiff's assertion that the defendant owned the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter "the building of this case") and occupied without permission the real estate listed in Paragraph (1) of the attached Table No. 1 (hereinafter "the land of this case"), which is owned by the plaintiff, the defendant is obligated to remove the building of this case and deliver the land of this case, and return unjust enrichment equivalent to the rent of 178,500 won per month from the date the plaintiff acquired the ownership of the land of this case to the delivery date

B. 1) The Plaintiff becomes the highest bidder and paid the sale price on October 28, 2015, and completed the registration of ownership transfer on the instant land on November 3, 2015. 2) The Defendant, as the owner of the instant building, uses the instant land as the building site.

【In the absence of dispute over the grounds for recognition, entry of Gap evidence 1-1, 2, and 2-1, 2-2, and the purport of the whole pleadings

C. According to the above facts of recognition as to the primary cause of claim, unless the defendant has a legitimate title to occupy the land of this case, the defendant is obligated to remove the building of this case to the plaintiff who is the owner of the land of this case, deliver the land of this case, and return the unjust enrichment equivalent to the rent.

The Defendant’s defense regarding the Defendant’s defense was originally owned D, and D transferred the instant building that was unregistered by payment in kind to E, the creditor, and thereafter E completed the registration of ownership transfer regarding the instant building, and E acquired statutory superficies for the instant building as to the instant land.

However, the defendant purchased the building of this case from E and acquired the legal superficies for the building of this case together, so the defendant shall be E.

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