(영문) 광주지방법원해남지원 2014.04.29 2013가단2624

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(영문) 광주지방법원해남지원 2014.04.29 2013가단2624

건물등철거 등

Text

1. The defendant

(a) remove the real estate listed in paragraph 2 of the attached list and set out in paragraph 1 of the attached list.

Reasons

1. Basic facts

A. The Defendant, the Plaintiff’s grandchildren, from around 192 to around 192, owned the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant site”) and the real estate listed in Paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) constructed on the instant site, and donated the instant site to C, the ASEAN on March 3, 198.

B. Since then, the Plaintiff completed the registration of ownership transfer as the receipt No. 35 on January 22, 2003 by means of sale on January 22, 2003, the Plaintiff completed the registration of ownership transfer as the receipt No. 2027 of the same court on January 27, 2003, after having been awarded the instant land as the successful bid price in the D Voluntary Auction Procedure for Gwangju District Court Branch D Voluntary Auction Procedure, which commenced with respect to the instant site.

C. On November 23, 2011, the Defendant continued to reside in the instant building even after the ownership of the instant building was transferred to the Plaintiff, and occupied, used the instant site, and completed the registration of ownership preservation in F’s name and the registration of ownership transfer in the name of the Defendant.

On September 25, 2012, the Plaintiff sent to the Defendant a certificate of content that seeks the removal of the instant building and the delivery of the instant site, and the said content-certified mail was served to the Defendant.

E. The monthly rent of the instant site is KRW 30,740 on or around 2012, and the monthly rent is KRW 31,700 on or around 2013, and is confirmed to be the same amount thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, result of a request for appraisal of rent to appraiser G, purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The plaintiff's assertion (1) as the defendant without any title occupies and uses the entire site of this case for the purpose of owning and residing the building of this case, the defendant removes the building of this case to the plaintiff, delivers the site of this case to the plaintiff, and acquires the plaintiff's ownership.

유사 판례

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