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(영문) 수원지방법원 평택지원 2018.02.02 2017가단52335
건물등철거
Text

1. Defendant B:

(a) The ratio of KRW 3,164,259 to KRW 15% per annum from February 9, 2018 to the date of complete payment.

Reasons

1. The gist of the parties’ assertion is the cause of the instant claim. The Plaintiff acquired the ownership of each of the instant lands by means of sale by voluntary auction on January 26, 2017, and Defendant B and C owned the instant building on each of the instant land, which is “unregistered” on each of the instant land. As such, the Plaintiff sought removal of the instant building, delivery of the site, and return of unjust enrichment equivalent to the rent, and sought the eviction from Defendant D, the lessee of the part of the instant building.

On this premise, the Defendants asserted that the instant building was not unregistered, but the building indicated in the copy of the building register (B) and the building register (B3) was extended in around 1999, Defendant B acquired the ownership of each of the instant land and buildings on July 30, 2004, and Nonparty E acquired only the ownership of each of the instant land by means of voluntary auction on October 24, 2005, and Defendant B, the owner of the building, acquired the statutory superficies under customary law.

2. Whether the building in this case was affixed by the certified copy of the building register (2) and the building ledger (3)

A. The fact of recognition (1) G 20529 square meters G 20529 square meters in Ansan-si (hereinafter “Friuri”) was divided into G 17356 square meters and H 3173 square meters in May 29, 1984.

(2) On November 12, 1985, Defendant C newly constructed a mentment facility, a mentter, a stringer, and a 97 square meters (1st floor, 85.43 square meters underground, 12 square meters underground, hereinafter “building before its extension”) on the 3173 square meters of H, and received a completion inspection (approval for use) on November 22, 1986.

(3) On January 14, 1992, H 3173 square meters was divided into H 1702 square meters, I 650 square meters, and J 821 square meters.

(4) Defendant C completed the registration of initial ownership of a building before its extension on June 12, 1998.

(5) around 199, Defendant C completed the instant building by having Nonparty D remove the windows and walls of the building before extension and extending approximately 19 square meters.

(6) On November 30, 2006, J 821 square meters was registered as K forest land and 891 square meters, and was divided into K 238 square meters on December 13, 2006 (attached Table 3), L forest land and 539 square meters, M 14 square meters.

Such division of land and.

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