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(영문) 서울동부지방법원 2013.12.20 2013가단13437
건물명도
Text

1. The Plaintiff (Counterclaim Defendant) is fully paid KRW 10,00,000 to the Defendant (Counterclaim Plaintiff) and its payment from April 26, 2013.

Reasons

1. Basic facts

A. In the process of paying compensation, removal, etc., it was recently revealed that the lot number of the land on which the actual building is located and the lot number of the land known to people is changed later between Seongdong-gu Seoul and D and D and above-ground unauthorized buildings adjacent thereto.

(1) On November 30, 1982, Defendant C purchased Seongdong-gu Seoul Metropolitan Government D land and building without permission, and completed the registration of ownership transfer for D land.

However, since the E's lot number at the time was mistakenly known as the D's lot number, Defendant C actually resided in the E's unauthorized building on the ground.

on April 27, 2007, the Plaintiff purchased the land and the building without permission on the ground, completed the registration of ownership transfer for the land E, and completed the procedure for applying for change of the “owner” of the “Unauthorized Building Register.”

However, for the same reason as the above, the plaintiff actually leased the D Unauthorized Building to another person after being handed over it.

However, from May 14, 2010, the Plaintiff resided in a D-owned building without permission, and the move-in report was the E parcel number known to the Plaintiff.

B. In order to implement donation as a condition for building permission for H buildings, G Co., Ltd. was aware that part of each building possessed by the Plaintiff and Defendant C occupied the site as the above urban planning road while opening an urban planning road on the F of Seongdong-gu Seoul Metropolitan Government, and paid compensation for the removal of all the buildings possessed at the time of consultation with Defendant C. In consultation with the Plaintiff, G paid compensation for relocation costs and removal compensation corresponding to the period of partial removal of the building possessed at the time of consultation with the Plaintiff.

C. Defendant B, the representative director of G, is the actual lot number D of the building possessed by the Plaintiff between the Plaintiff and the Plaintiff on December 26, 201 in order to create a female’s residence during the removal period of the building (on the ground lot number E) occupied by the Defendant C.

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