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(영문) 춘천지방법원 속초지원 2021.01.14 2020가합20295
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Appendix 1;

(b) the land set out in Appendix 2;

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in the attached Table 2 (hereinafter “instant land”).

B. C Co., Ltd. newly built on the ground of the instant land in around 1998 the 1st basement and the 5th floor above that of the ground (hereinafter “instant building”), and the said building is an aggregate building subject to divided ownership.

C On September 4, 1998, Co., Ltd. completed the registration of ownership preservation in relation to the heading room listed in the attached Table 1 (hereinafter “instant heading room”) among the instant buildings.

(c)

On November 3, 2017, the Defendant completed the registration of the transfer of ownership on the instant heading room on the grounds of sale.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The judgment on the cause of the claim can be evaluated as possessing the land of this case through the possession of the title room, which is the land of this case, and barring special circumstances such as the existence of a legitimate possessory right, the defendant is obligated to remove the title room of this case and deliver the land of this case to the plaintiff, as the plaintiff seeks.

3. Judgment on the defendant's defense

A. 1) The Plaintiff and C Co., Ltd. concluded a lease agreement with the purpose of owning the instant building around 1997, which was around the time of the construction of the instant building.

From around 209, C Co., Ltd. went bankrupt, D, the owner of the third or fifth floor of the instant building, entered into a lease agreement with the Plaintiff to maintain the existing lease agreement (i.e., the content of the instant building) and continue to pay rent.

Therefore, the defendant is in the position to occupy and use the land of this case according to the above lease relationship.

2) Determination A) The following are revealed in accordance with the purport of each entry and alteration of Gap evidence Nos. 3, 5, and 8.

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