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(영문) 의정부지방법원 2018.04.03 2017가단27846
건물철거 및 토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the area of 380 square meters in Gyeonggi-do, each point is indicated in the attached Form 1, 2, 3, 4, 5, and 1.

Reasons

1. Basic facts

A. On July 11, 2017, the Plaintiff acquired ownership of 380 square meters (hereinafter “instant land”) before Pyeongtaek-gun, Pyeongtaek-gun, Gyeonggi-do due to the sale by voluntary auction (hereinafter “instant auction”).

B. The Defendant owns a single-story building on a wooden roof (ware; hereinafter “instant building”) located on the ground of 18 square meters in part on the part of 18 square meters in the ship that connects each point of 1, 2, 3, 4, 5, and 1 among the instant land, which is located on the ground of 18 square meters in the attached drawings.

The instant building is an unregistered building.

【Ground for Recognition: Each entry of Gap evidence 1 through 4

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff who is the owner of the land of this case, unless there are special circumstances.

3. Defendant’s assertion and judgment

A. On September 6, 2016, before the Plaintiff was awarded a successful bid on the instant land, the Defendant concluded an agreement on the sale and purchase of the instant building, etc. with D on September 6, 2016, which is irrelevant to the instant building.

B. Determination 1) The evidence No. 1 (Agreement) submitted by the Plaintiff as evidence for the above purchase and sale assertion stated that “The Defendant failed to secure the ownership of the instant land even after the purchase of the instant land and full payment of the purchase price was made, and D did not receive the construction cost (from the seller) even though supervision over the seal of the contract and construction of the site was performed at the time of the sale contract. As such, the Defendant sold the instant building to D at KRW 20 million and delivered it in advance before receiving the purchase price to exercise D’s lien.” As such, Article 2 of the above Convention states that “The Defendant may use the instant building on a specified date without the consent of D before full payment of D’s purchase price, and D may not raise any objection thereto.” Ultimately, the conclusion of the sale agreement as above is completed and ownership of the instant building has been completed.

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