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(영문) 춘천지방법원속초지원 2015.04.21 2014가단3711
건물
Text

1. The Defendants shall withdraw from the building indicated in the attached list to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 and 2 (including paper numbers).

On March 27, 2012, the Plaintiff completed each registration of the transfer of ownership with respect to the 526§³ (hereinafter “instant land”) in Gyeyang-gun, Yangyang-gun, and the cement season and the 95.05 square meters of low-rise housing on the above land (hereinafter “Plaintiff-owned building”).

B. The Defendants currently possess the buildings listed in the attached list on the ground of the instant land (hereinafter “instant building”).

C. The instant building is registered as F in the building ledger, and is still unregistered.

2. According to the above facts of determination as to the cause of the claim, the Defendants, the possessor of the instant building, are obligated to withdraw the Plaintiff, who is the owner of the instant land, from the instant building, unless there are special circumstances.

3. The Defendants’ assertion as to the Defendants is that Defendant C has legal superficies as to the instant building, since Defendant C had ownership to the instant land and the instant building, and due to auction, the owner of the land and the building changed.

As Defendant B and D’s family members occupy the instant building with the permission of Defendant C, the Plaintiff asserts that the Plaintiff cannot seek to leave the instant building against the Defendants.

However, even according to the defendants' assertion itself, the building of this case was not an object of auction. Thus, the argument that defendant C acquired legal superficies is without merit.

4. Therefore, the Plaintiff’s claim against the Defendants is accepted on the grounds of merit.

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