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(영문) 서울북부지방법원 2018.04.19 2017나38349
건물명도
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) owned by the Defendants, each of the real estate listed in the separate sheet No. 1 (hereinafter “instant building”) was commenced on November 17, 2015, with respect to the building listed in Paragraph 2 “instant building,” the registration procedure for voluntary auction of real estate E (hereinafter “instant auction procedure”).

B. In the instant auction procedure, the Plaintiff received a decision to permit sale of the instant land and buildings, and completed the registration of ownership transfer in the name of the Plaintiff on July 14, 2016, after paying the price thereof, around July 8, 2016.

C. On the instant land, the part of item (a) of the assembly type warehouse in the attached Form 1, 2, 3, 4, and 1 (hereinafter “instant warehouse”) is expanded by using one wall of the instant building in the form of attachment, and the part of item (a) of the assembly type warehouse in the attached Form 1, 2, 3, 4, and 1 (hereinafter “instant warehouse”) is 17 square meters connected thereto. In addition, in order to connect each point of the items in the attached Form 5, 6, 7, 8, and 5 adjacent to the instant warehouse, the area is 38 square meters away (hereinafter “the instant expansion”). D. The instant warehouse and the instant warehouse are collectively referred to as “the instant warehouse, etc.”).

At present, the Defendants are occupying and using the land and buildings of this case and the warehouse of this case.

E. As of July 14, 2016, the rent for the instant land and buildings is KRW 661,00 per month.

[Ground of recognition] The absence of dispute, entry and video of Gap's evidence 1 through 10 (including the number of branch numbers; hereinafter the same shall apply), the result of the court of first instance commissioning the appraiser F of the appraiser's opinion of the court of first instance, the result of commissioning the appraiser G of the court of first instance with the appraisal, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion also holds the ownership of the instant land and the building at the instant auction procedure, and thus, owns the instant warehouse, etc., an accessory to the instant building.

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