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(영문) 전주지방법원 2016.11.03 2015나10335

건물등철거

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is related to the plaintiff, Jeonbuk-gun, Jeonbuk-gun, B, 275 square meters.

Reasons

1. Basic facts

A. On October 20, 2010, C obtained the building permit of the instant housing on the instant site, and commenced November 2, 2010, and the name of the owner D and E was successively changed.

B. On July 23, 2012, E purchased the ownership of the instant house during the construction of the instant site, and completed the registration of ownership transfer on the instant site on July 26, 2012, and on the same day, E created a collateral security of KRW 260,000,000 to the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”).

At the time, the instant house was in progress after the completion of the structural construction.

C. On April 25, 2013, the Defendant purchased the instant house from E, which was in the process of construction of the instant site, and completed a provisional registration of the right to claim ownership transfer registration regarding the instant site in the name of F on April 26, 2013, but completed the registration of ownership preservation on March 18, 2014 regarding the instant house.

Meanwhile, on November 16, 2013, upon the application of the Jeonbuk Bank, which is a collateral security bank, the instant land was handed down by G with the Jeonju District Court G on November 16, 2013, and the Plaintiff was awarded a successful bid and acquired ownership on November 25, 2014.

E. The entire site of this case is used as a site necessary for the use of the instant house, and the rent of the instant site from November 25, 2014 to October 13, 2015 is KRW 223,400 per month.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 3 and 5, each of the evidence Nos. 1, 2, 3 and 5, the result of an appraisal commission to the future appraisal corporation of the court of first instance and the purport

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to remove the instant house and deliver the instant site to the Plaintiff, the owner of the instant site, barring any special circumstances. 2) The judgment on the defense, etc. was based on the summary of the Defendant’s assertion. 1 The Defendant is on the instant site.