(영문) 전주지방법원정읍지원 2017.06.15 2016가단1586

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(영문) 전주지방법원정읍지원 2017.06.15 2016가단1586

건물철거 및 토지인도

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 30, 2011, the registration of ownership transfer was completed due to a compulsory auction on March 24, 2011 in the name of the Plaintiff with respect to the land of 1,102 square meters (hereinafter “instant land”).

B. Of the attached appraisal maps, some of the instant land, there were buildings on the ground connected in sequence 6, 7, 8, 9, 10, 11, and 6 (hereinafter “instant building”), and on October 25, 2013, the registration of ownership transfer was completed on October 23, 2013 under the name of the Defendant for the said building due to a compulsory sale by official auction as of October 23, 2013.

[Ground of recognition] Evidence Nos. 1-1 and 2-2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, if the Defendant did not have the right to possess the instant land, the Defendant, who owned part of the instant land by owning the instant building, is obligated to remove the said building to the Plaintiff, who is the owner of the instant land, and deliver the part of the land, and pay damages for the possession and use of the land.

see the 5th Statement of Pleadings

3. Judgment on the defendant's defense

A. The defendant's defense is a defense to the effect that "the plaintiff who has legal superficies to occupy the land of this case or has a duty to establish legal superficies is against the good faith principle to make the claim of this case."

B. In full view of the purport of the entire pleadings, the following facts are acknowledged in each statement in subparagraphs 1-1 and 2 of the evidence No. 1-2.

1) The registration of ownership transfer was completed on March 4, 1995 with respect to the instant land in the name of D on the grounds of sale as of March 2, 1995, and the registration of ownership transfer was completed on August 29, 2007 as to the instant building on August 29, 2007. 2) On August 29, 2007, the registration of ownership transfer was completed in the name of E on the grounds of sale as of August 27, 2007.

C. Comprehensively taking account of the facts acknowledged earlier, the instant land owned by D and the instant land.

유사 판례

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