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1. The defendant shall be the plaintiff.
(a) remove the buildings listed in paragraph 4 of the attached list, and each of them listed in paragraphs 1, 2, and 3 of the attached list.
Reasons
1. Basic facts
A. On June 11, 2008, the Plaintiff completed the registration of ownership transfer on the land listed in paragraphs (1) and (2) of the [Attachment List Nos. 1 and (2) due to voluntary auction on May 19, 2008. On June 28, 2013, the Plaintiff completed the registration of ownership transfer on the land listed in paragraph (3) of the [Attachment List No. 3] due to sale as of April 25, 2013.
(hereinafter referred to as the “sub-land” in the separate sheet Nos. 1, 2, and 3, the respective lands in the separate sheet Nos. 1, 2, and 3 are used, and all of them are “instant land”.
On January 11, 2017, the Defendant completed the registration of ownership transfer on the same day on the grounds of sale by compulsory auction as to the building listed in attached Table No. 4 (hereinafter “instant building”) constructed on the ground of the instant land.
C. From May 12, 2017 to September 5, 2017, rent is KRW 5,230,000 per month.
[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the result of the commission to the head of the A certified public appraiser office of this court, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant possessed the building of this case and occupied and used the land of this case as the site of the building (see, e.g., Supreme Court Decision 2002Da57935, Nov. 13, 2003). Thus, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff, barring any special circumstance. 2) The defendant cannot respond to the plaintiff's claim for the following reasons:
① Since the Defendant acquired statutory superficies for the instant building as to the instant land, he/she has a legitimate right to possess the instant land.
② The Plaintiff filed a lawsuit seeking removal of the instant building against B, the former owner of the instant building.