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(영문) 창원지방법원통영지원 2017.09.07 2017가단20332
건물명도(인도)
Text

1. The Defendant connects the Plaintiff with each point of the attached Form 1, 2, 3, 4, and 1 among the land size of 119 square meters in Tong-si, Tong-si.

Reasons

Basic Facts

The previous 1119 square meters (hereinafter “instant land”) was owned by D. D. As D died on January 3, 2015, the Plaintiff completed the registration of ownership transfer on August 25, 2015 with respect to 560/119 of the instant land as to the portion of 560/119 of the instant land by Changwon District Court’s receipt of Tongwon District Court’s Tong-gu branch branch support under Article 24509.

With respect to the remaining 559/119 shares, the registration of ownership transfer was completed in the name E on the same day.

F) On the instant land, F built a building or structure on the instant land and connected each point in sequence with the indication 1, 2, 3, 4, and 1 of the annexed drawings among them, F leased to the Defendant the part (v) site (hereinafter referred to as “the instant (a), (b), 2, 3, 4, and 1 of the annexed drawings”) attached to the ship, which connects each point of (i) part of the toilet No. 8 square meters of toilets and the annexed drawings No. 1, 2, 3, 4, and 1 of the annexed drawings, and the part (v) of the attached drawings No. 18 square meters of containers and 1, 2, 3, 4, and 1 of the attached drawings.

The Plaintiff filed a lawsuit against F against F seeking removal of a building or structure on the ground of this case, delivery of the land of this case, and return of unjust enrichment, and received a favorable judgment in the first instance court as to the part of delivery and steel, and a partial favorable judgment as to the return of unjust enrichment.

(2) In cases where an owner of land has no right to use land for the existence of the building, and the owner of land can demand the removal of the building and delivery of the site to the owner of the building, even in cases where a building on the legal principles as to Gap's 1 through 3, and the purport of the entire pleading, which are related to the determination of the purport of the whole pleadings, has no legal relation to the ground for recognition. The landowner cannot implement the removal, etc. of the above building unless the owner of the land occupies the building, unless he/she removes possession of the building.

Therefore, the land ownership is likely to interfere with the smooth realization of the land by the above possession, so the land owner is his own land owner.

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