logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2019.09.17 2019나1306
건물등철거
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which is written by the court, shall be as follows: (a) “347 square meters” in the 7th parallel of the judgment of the court of first instance as “347 square meters” in the 7th parallel of the judgment of the court of first instance; and (b) the Defendant’s assertion in this court is identical to the reasoning of the judgment of the court of first instance,

2. Judgment on the defendant's assertion

A. In around 198, the defendant paid KRW 12 million to the deceased E (hereinafter “the deceased”), and paid KRW 90,000,000 each year as land B, and argued to the effect that he/she had the right to possess the part of the dispute since he/she increased or reconstructed the building of this case with the consent of the deceased on November 201, 201, but it is insufficient to recognize the fact that a lease contract for the ownership of the part of the dispute between the deceased and the defendant was concluded on the part of the building of this case. Since there is no other evidence to acknowledge this, the above argument by the defendant is without merit.

B. The defendant asserts that he exercises his right to purchase the building of this case pursuant to Article 643 of the Civil Act. However, as determined in the preceding paragraph, it is difficult to view that a lease contract between the deceased and the defendant for the purpose of owning the building of this case concerning the part of the land in dispute was concluded, and there is no evidence to acknowledge that the defendant has a right to exercise his right to purchase the building against the deceased or the plaintiff who is his heir, and therefore, the defendant's

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.

arrow