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(영문) 서울북부지방법원 2016.07.22 2015가단140759
건물등철거
Text

1. The Defendants shall leave the buildings listed in the attached list No. 1.

2. The costs of litigation between the Plaintiff and the Defendants are assessed.

Reasons

1. The plaintiff's respective claims against the defendant A and B

A. Indication of Claim: The reasons for the claim are as stated in the corresponding part against the above Defendants in the attached Form.

(b) Judgment made by confession, deemed confession, or by public notice (Article 208 (3) 2 and 3, the main sentence of Article 150 (3) and the main sentence of paragraph (1) of the Civil Procedure Act);

2. The plaintiff's respective claims against the remaining defendants

A. On October 21, 2010, the registration of ownership transfer was completed in the name of the Association of Functional Persons with Disabilities (hereinafter “former owner”), an incorporated association (hereinafter “former owner”) on October 21, 2010 with respect to the building stipulated in the attached list No. 1 (hereinafter “instant building for convenience”). On November 5, 2015, the registration of ownership transfer for the reason of sale was completed in the name of the Disabled Co., Ltd. (hereinafter “former owner”). The land listed in the attached list No. 3 (hereinafter “instant land”) as the site for the instant building was owned by the former owner, and the Plaintiff purchased the voluntary auction procedure around September 2015 and paid its purchase price in full. Unless there is any dispute between the parties, the said Defendants are obligated to leave the building of this case for the Plaintiff, who is the owner of the instant land.

B. As to this, the above Defendants were owned by the same owner, but each owner of the instant building became different as above, and each owner of the instant building acquired statutory superficies under customary law on the instant building. The present owner of the instant building acquired the ownership of the instant building and acquired them by succession, and thus, the instant claim against the said Defendants was all unreasonable, but as pointed out by the Plaintiff, the instant claim against the said Defendants was also dismissed. - The instant land on May 23, 2007, which was far earlier than the construction of the instant building on the instant land.

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