beta
Text
1. The defendant, among the 523 square meters of the land for the farm in Kimpo-si, Kimpo-si, 1, 2, 10, 9, 8, 7, and 1 of the annexed drawings.
Reasons
1. Basic facts
A. D completed the registration of ownership transfer on July 27, 197, Kimpo-si, Kimpo-si, Kimpo-si, 523 square meters (hereinafter “instant land”). However, F purchased the instant land in the auction procedure for the real estate rental sale procedure in the Incheon District Court Decision 2007, and thereafter, the Plaintiff purchased the instant land and completed the registration procedure for ownership transfer on April 29, 2016 after purchasing the instant land in the auction procedure for the real estate rental G real estate rental in Busan District Court Decision 2007.
B. On the ground of 91 square meters on the part of “b” and 91 square meters on the ground connected in sequence of the indication of the annexed drawings among the land in the instant case, the unregistered buildings with one story of the single floor on the iron plate structure (hereinafter “instant building”) are constructed.
C. From around 2013, the Defendant paid the property tax, etc. imposed on the instant building in its name, and the Plaintiff sought an order to deliver real estate for the part of the site of the instant building (hereinafter “instant dispute”) to D (Seoul District Court Branch H), D, and the Defendant submitted to the court a vindication to the effect that “the instant building is owned by the Defendant.”
[Ground of Recognition] Fact that there is no dispute between the parties, entry of Gap evidence 1 through 5, result of a commission of surveying and appraisal to the Korea Land Information Corporation, purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendant, as the owner of the building of this case, occupies the part of the land owned by the Plaintiff without any title. The Plaintiff, the owner of the land of this case, is obligated to remove the building of this case and deliver the land of this case to the Plaintiff.
B. The defendant alleged that the owner of the building of this case is not the defendant but D. However, according to the above facts of recognition, the defendant's building of this case is a building of this case.