건물철거 및 토지인도 등
1. Defendant B:
(a) Of the land listed in paragraph 1 of the attached list, each point of the Attached Form Nos. 1, 2, 3, 4, and 1.
1. Determination as to the claim against the defendant B
A. The description of the claim is as shown in the list of “the cause of claim” attached to the indication.
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
2. Determination as to the claim against Defendant C and D
A. The facts of recognition 1) On July 31, 2009 regarding each land listed in the separate sheet (hereinafter “instant land”) on the Plaintiff’s land (hereinafter “instant land”), the decision of voluntary commencement of auction was rendered on July 31, 2009, and the entry of the decision of voluntary commencement of auction was completed on the same day.
(B) On November 16, 2010, at the instant auction procedure, the Plaintiff rendered a decision of permission to sell the instant land to the highest bidder on November 16, 2010. (C) On December 29, 2010, the Plaintiff paid in full the sales price for the instant land.
2) Defendant C and D’s building occupation A) Defendant C is an order on the ground of the instant land.
A building specified in the subsection (hereinafter referred to as the “first building of this case”) is occupied.
B) Defendant D is the building indicated in Section 1-C (A) of the Disposition on the ground of the instant land (hereinafter “instant building 2”).
in possession of the company. [Grounds for recognition] The absence of dispute, Gap evidence 1 to 6 (including paper numbers, each entry of Eul evidence 2 and 3, and the purport of the whole pleadings.]
B. The Plaintiff acquired the ownership of the instant land by obtaining a decision to permit the sale of the instant land on November 16, 2010 at the instant auction procedure, and in full payment of the sale price on December 29, 2010, the Plaintiff acquired the ownership of the instant land.
Defendant C and D occupy the instant building Nos. 1 and 2 on the ground of the instant land and interfere with the Plaintiff’s ownership of the land. Thus, barring any special circumstance, Defendant C and Defendant D are obligated to withdraw from the instant building, and Defendant D are obligated to withdraw from the instant building No. 2.
C. Defendant C and D’s assertion 1) Defendant C is the actual owner of the instant building.