(영문) 춘천지방법원원주지원 2015.11.26 2015가단30588

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(영문) 춘천지방법원원주지원 2015.11.26 2015가단30588

건물등철거

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1. The defendant shall be the plaintiff.

A. The second reference is also the first of the attached reference among the 1463m2 in the Gangseo-gun C forest land in Gangwon-do.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on December 24, 2004 with respect to the forest land of 1463 square meters in Gangwon-gun, Gangwon-do.

B. On the ground of the part (b) of 429 square meters in the ship connected each point in sequence of 58, 57, 62, 63, 64, 65, 66, 67, 41, 42, 61, 60, 60, 59, and 58 in the attached drawing among the land of 1463 square meters in Gangwon-do, Gangwon-do, the Seoul Special Metropolitan City (hereinafter “instant land”), part (b) of 429 square meters in the ship connected each point (hereinafter “instant land”) among the land of 1463 square meters in the attached drawing among the land of 1463 square meters in the land of this case, the building of this case owned by E was sold to F or the Defendant. Accordingly, there is a duty to remove the building of this case, regardless of whether there was any change in the location and shape of the building before or after the sale of the building.

All of the above buildings are unregistered buildings.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, and the result of appraiser D's measurement and appraisal

2. The assertion and judgment

A. 1) The Plaintiff’s assertion is that the Defendant owned the instant building on the ground of the instant land owned by the Plaintiff.

Therefore, the defendant is obliged to remove the building of this case and deliver the land of this case to the plaintiff.

B) The Defendant’s assertion ① The owner of the instant building is not the Defendant but F. The Defendant was only an agent at the time F purchased the instant building. ② The lease contract on the instant land was concluded between the Plaintiff and F (or the Defendant). 2) The determination of the Plaintiff and F (or the Defendant) became final and conclusive as the owner of the instant building.

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