logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.08.22 2012가단14247
건물철거 등
Text

1. The defendant shall be the plaintiff.

A. 1, 11, 12, 13, 14, 15, 16, 16, and 1 of the attached Form No. 1, 11, 12, 13, 14, 16, 16, respectively.

Reasons

1. Facts of recognition;

A. On August 18, 2010, the Plaintiff purchased from the Defendant a religious facility of Busan Jin-gu, Busan (hereinafter “instant site”) 279 square meters, a cement brick structure, a 44.50 square meters for the first floor, and 6.60 square meters for the second floor (hereinafter “instant religious facility”) and completed the registration of ownership transfer.

B. On the instant site and each ground of D, a neighboring site, there exists a non-registered block settlement roof house (hereinafter “non-registered building of this case”). On December 18, 1968, E was registered as the owner on the closed rooftop registry and transferred on December 26, 1974 to the Defendant’s mother F.

In addition, on December 26, 1974, the registration of ownership transfer was completed from E to F on the same date as the unregistered building of this case.

On December 19, 1997, the defendant was to solely inherit F, which died.

C. Of the unregistered buildings, 24 square meters (hereinafter “unregistered buildings on the instant land”) among the unregistered buildings in sequence with each point of drawings 1, 11, 12, 13, 14, 15, 16, and 1 on the ground of the instant site are invaded, among the buildings not registered in the instant case (hereinafter “unregistered buildings on the instant land”), and the portion “B” portion 23 square meters connected in sequence with each point of 11, 2, 17, 14, 13, 12, and 11 on the ground of the instant land is used as the end of the instant unregistered building.

At the time of the Plaintiff’s purchase of the instant site and the instant religious facility from the Defendant, the instant religious facility also occupied two lots, including 10 square meters in Busan-gu Busan-do G, Busan-gu, and 17 square meters in H-7 square meters in addition to the instant site, which are owned by the Busan-do Corporation, without permission. In this regard, the sales contract contains a special clause stating that “the fees for occupation and use of State-owned land and the fine for negligence incurred in the existing area shall be borne by the seller.” However, the amount arising after the date of the instant contract shall be borne by the buyer” (hereinafter “the instant special agreement”).

With respect to the area of 10 square meters in G, KRW 1,915,540, overdue interest of KRW 1,972,470, and occupation fees of KRW 1,95, with respect to the area of 7 square meters in H large scale.

arrow