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(영문) 창원지방법원거창지원 2020.11.17 2019가단1379
건물철거 및 토지인도 등
Text

The date of the Plaintiff’s loss of ownership or the Defendants’ loss of ownership on the land from January 25, 2007 to attached Form 2.

Reasons

Basic Facts

A. On September 15, 1996, the network E (hereinafter “the deceased”) purchased land listed in the attached Form 2 (hereinafter “instant land”) and buildings listed in the attached Form 1 (hereinafter “instant building”) on September 15, 1996, and completed the registration of ownership transfer on the instant land and buildings on October 18, 196.

B. The creditor F of the deceased applied for a compulsory auction on the instant land, building, etc. (this Court G G, hereinafter “instant compulsory auction”), and the building of this case was excluded from the object of auction after the compulsory auction decision. The plaintiff purchased the instant land in the above compulsory auction procedure on January 5, 2007 and completed the registration of ownership transfer on January 24, 2007.

C. The Defendants are co-owners of the instant building as the deceased’s heir (the shares of inheritance: Defendant C3/5, Defendant D2/5).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, and argument by the parties to the whole pleadings

A. The Plaintiff’s assertion is the owner of the instant land without any title, and the Plaintiff removed the instant building against the Defendants possessing the instant land by owning the instant building on the instant land on the instant land without any title, and transferred the instant land, and the Plaintiff seeks to pay rent for the instant land from January 25, 2007 to the delivery date.

B. The Plaintiff’s assertion by the Defendants does not have any right to the instant building, and thus, the Defendants cannot seek removal of the building and delivery of land.

After the death of the deceased, the Defendants did not have received the claim from the Plaintiff for the land of this case.

Judgment

A. Where one of the lands and buildings belonging to the same owner becomes different owners due to sale, purchase, or other causes, the owner of the building shall acquire superficies on the land which is the site of the building under the customary law, unless there is an agreement to remove the building.

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