(영문) 인천지방법원 2019.09.20 2018나7191 | 리걸엔진

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(영문) 인천지방법원 2019.09.20 2018나7191

토지인도 등

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1. The part against Defendant B among the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant B is dismissed.

2...

Reasons

1. Basic facts

A. On March 22, 2016, the Plaintiff purchased the instant land on August 28, 2017 during the auction procedure for the sale of real estate E, located in the attached list owned by Defendant B (hereinafter “instant land”), and completed the registration of ownership transfer on August 31, 2017.

B. Of the instant land, there is a single-story on the ship (iv) section 33 square meters connected each point of 20, 3, 4, 5, 24, 25, 26, 27, 28, 29, and 20, among the instant land, each of which is located on the part of 30, 31, 35, and 30 square meters connected in order to each point of 30, 31, 35, and 30 square meters indicated in the attached drawing, and the said housing and warehouse are all unregistered buildings.

In addition, the part connecting each point of 1, 19, and 8 of the same drawing is installed with a wall for the use of the housing and warehouse.

(hereinafter the above house and warehouse are the building of this case, and the wall of this case are the fence of this case).

Since the Defendant C completed the moving-in report to the “Geopo City D,” which was the domicile of the instant land on November 2, 1993, there was no change in the resident registration address until now, and at the present time, the mother of the instant building is living together with H at the time of the closing of the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 6, Eul evidence 6, result of the first instance court's commission of surveying and appraisal to the President Kimpo-si, the purport of the whole pleadings

2. Defendant B, without any title, is obligated to remove the instant building and fence, and deliver the instant land to the Plaintiff, and pay the money calculated at the rate of KRW 642,00 per month from August 28, 2017 to the completion date of the delivery of the said land due to unjust enrichment due to the possession and use of the instant land.

In addition, Defendant C should leave the building of this case.

3. Determination

A. Determination as to the claim against Defendant B

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