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1. The defendant shall be the plaintiff.
(a) Of the lands listed in paragraph (1) of the attached Table 1, the Attached Form 43, 42, 45, 44, and 43 shall each be indicated in the attached Form 1.
Reasons
Basic Facts
On April 30, 2009, the Plaintiff completed the registration of ownership transfer for reasons of the replacement of trustee on April 30, 2009, as Seoul Central District Court No. 15465-1, 2009, No. 15465-1, 2009, as to the land listed in [Attachment 1490297/153840 and the land listed in [Attachment 2] among the land listed in [Attachment 1] List 1, 2009.
피고는 별지(1) 목록 기재 각 토지 중 별지(1) 도면 표시 42, 47, 45, 44, 43, 42의 각 점을 차례로 연결한 선내 ㉷, ㉸ 부분 55㎡ 지상에 축조된 무허가건물(이하 ‘이 사건 건물’이라고 한다)을 원시취득자로부터 전전매수하였고, 이 사건 건물을 위하여 같은 도면 표시 33, 40, 41, 48, 49, 46, 34, 33의 각 점을 차례로 연결한 선내 ㉷, ㉸, ㉹, ㉺ 부분 합계 125㎡(이하 ‘피고 점유 부분’이라고 한다)를 점유하고 있다.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, and co-owners of judgment of the purport of whole pleadings can perform preservation acts individually. Thus, one of co-owners of land may independently request the removal of the building on the land.
(see Supreme Court Decision 71Da1950, Dec. 14, 1971). Also, the removal of a building constitutes a final disposition of ownership. Thus, in principle, the owner of the building is entitled to remove the unregistered building from the original acquisitor, but the person who is in possession of the unregistered building from the original acquisitor is in a position to legally or factually dispose of the building within the scope of the right, even if the building was not registered for acquisition of ownership, and thus, the owner of the building who is illegally occupied due to the existence of the building can seek the removal from the said building occupant.
(See Supreme Court Decision 87Meu3073 delivered on February 14, 1989). Examining the facts acknowledged earlier in light of the aforementioned legal principles, the Plaintiff is a co-owner of the land specified in attached Table 1(1) and the owner of the land specified in attached Table 2(2).