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(영문) 창원지방법원 마산지원 2018.05.29 2017가단3539
건물명도(인도)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The purport of the Plaintiff’s assertion is that D, the owner of the instant building (the building was constructed on the instant land and the unregistered state) is the mother of the Defendant’s spouse, and leased the instant land from the Plaintiff’s father.

After that, D, without compensation, donated the instant building to the Defendant, and the lease period of the instant land has already expired.

Therefore, the defendant is obligated to deliver the land of this case to the plaintiff, remove the building of this case, and return unjust enrichment by the date of completion of delivery.

2. Determination

A. Since removal of a building constitutes a final disposition of ownership, in principle, the right to remove the building is vested in the owner (in principle, the title holder of the registration) only.

As an exception, the right to remove and dispose of a building, such as the purchase and possession of the building from the former owner, is available to a person in a position to legally or factually dispose of the building in possession within the scope of the right.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the disposal of the building of this case, and by misapprehending the legal principles as to the disposal of the building of this case, the court below erred by misapprehending the legal principles as to the disposal of the building of this case.

(B) In addition, the Plaintiff did not comply with the second amendment, even though the court issued an order for re-revision because the location or status of the instant building is not specified in detail.

As long as the Defendant cannot be deemed to be in the above position, the Defendant cannot be deemed to have obtained unjust enrichment while occupying the instant land.

(The same applies to the instant building) C.

Therefore, the plaintiff's above assertion is rejected without examining the remainder of the issue.

3. The plaintiff's claim for conclusion is dismissed for all reasons.

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