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(영문) 서울서부지방법원 2017.06.08 2016가단248458
건물철거의무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that, around 1970, the Plaintiff’s construction and ownership of the instant building, which is an unauthorized building, on the land of Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu, which was located on the ground of 189m2, occupied the building site part of the said land (hereinafter “instant building site”) with the intention to own it, and the prescriptive acquisition was completed around 1990, and thereafter, the Plaintiff et al. died and jointly inherited the instant building. On March 25, 2005, the Plaintiff et al. acquired ownership of the said land and did not raise any objection against the possession of the instant building site by 2013, seeking removal of the instant building and delivery of the instant building site against the Plaintiff cannot be permitted in light of the principle of good faith.

2. We examine the following circumstances, which are acknowledged as comprehensively taking account of the whole purport of the pleading in evidence Nos. 1 through 5 (including virtual numbers). In other words, in light of the fact that the deceased C paid part of the compensation for the use of the building in this case to the previous owner of the building in this case while occupying the building in this case as the site of the building in this case, the former owner of the building in this case, and the defendant who is the present owner, the National Railroad. ② The defendant filed a lawsuit against the deceased C on October 27, 2010, seeking the removal of the building in this case and delivery of the building in this case, and the above judgment became final and conclusive, ③ the defendant demanded removal of the building in this case and delivery of the building in this case pursuant to the above judgment, and in view of the fact that the deceased C paid part of the compensation for the use without permission by the defendant on June 2011, it is not reasonable to deem the plaintiff's assertion that it occupied the building in this case as the possession of the building in this case.

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