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(영문) 전주지방법원 2014.08.14 2014가단14513
건물철거 및 토지인도
Text

1. The defendant

A. Connections each point of Annex 1, 2, 3, 4, and 1 among Annex C in the Jeonju-gun.

Reasons

1. Basic facts

A. On October 14, 2013, the Plaintiff received a decision to permit the sale of the instant land at the auction procedure (hereinafter this court D) with respect to the land of 1,736 square meters (hereinafter “instant land”) prior to the Seoul Special Self-Governing Province, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”). On October 31, 2013, the Plaintiff completed the registration of ownership transfer on the instant land on November 6, 2013 after paying the sale price in full.

B. On the instant land, there is a building, etc. as indicated in Section 1. A of the Disposition on the part of the Defendant’s ownership (hereinafter “instant building, etc.”).

[Evidence] Each description of Gap evidence Nos. 1 through 3 (including paper numbers), images, and the purpose of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, since the defendant possessed the building of this case by owning the building of this case, etc., he is obligated to remove the building of this case, etc. of this case and deliver the land of this case to the plaintiff unless he asserts and proves that there is a legitimate right to possess the

B. The Defendant’s defense: (a) around 1971, the Defendant constructed the instant building, etc.; (b) purchased the instant land from that time to that of the Defendant and occupied the instant land with the Defendant’s intent to possess it from that time; and (c) the acquisition by prescription was completed; and (b) since all the instant land and buildings, etc. were owned by the Defendant, and the ownership of the instant land was changed due to auction, the Defendant acquired statutory superficies on the instant land for the purpose of owning the instant building, etc.; and accordingly, (c) accordingly, the Defendant asserted to the effect

First, there is no evidence to acknowledge that the Defendant occupied the instant land for 20 years as to the assertion.

Even if the possession of the above real estate is recognized, the ownership transfer registration is made in the name of the third party with respect to the pertinent real estate between the person whose possession of the real estate has been completed without being registered in his name.

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