(영문) 의정부지방법원 2015.11.27 2013가단54482

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(영문) 의정부지방법원 2015.11.27 2013가단54482

건물철거, 토지인도 및 부당이득금반환

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1. The defendant shall be the plaintiff.

(a) 3,801,355 won and its related amounts shall be from the day following the day this judgment becomes final and conclusive to the day of full payment;

Reasons

1. Facts of recognition;

A. On December 21, 2009, the Defendant completed the registration of ownership transfer on the ground of sale on March 30, 1998 with respect to the land of 483 square meters in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land”).

B. On July 8, 2008, the Defendant completed the registration of ownership transfer on the 12th 4th 4th Gabbbes and coap evaluation house in Gyeonggi-gun, Gyeonggi-gu, Gamyeong-gun (hereinafter “instant building”).

C. On May 2010, the Defendant completed the construction of building on the ground of 212 square meters on the ground (hereinafter “new building”) connected each point of 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19, and 9 on the ground of 212 square meters in sequence among the instant land among the instant land, which was a structure in the e-mailed shape.

Meanwhile, on September 10, 2010, the Defendant completed the registration of the establishment of a mortgage on the instant land and the previous building to D on September 10, 2010.

E. D. D. The above D.

Although an application for voluntary auction was filed against the instant land and building based on the right to collateral security stated in the claim, the application for voluntary auction against the instant building was dismissed, and the auction procedure was conducted only with respect to the instant land, and the Plaintiff was awarded a successful bid and completed the registration of ownership transfer on June 21, 2013.

F. Meanwhile, the Defendant is operating an art gallery in the new building of this case.

[Ground of recognition] The facts without dispute; Gap evidence 1 through Gap evidence 4; Gap evidence 7; Gap evidence 8; Eul evidence 1 through Eul evidence 7 (including partial numbers); the result of this court's request for measurement and appraisal of Eul; the purport of the whole pleadings.

2. Determination as to the request for removal and delivery

A. According to the above facts of determination as to the cause of the claim, the defendant removed the new building of this case to the plaintiff, unless there are special circumstances.

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