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(영문) 대법원 2017.07.18 2016다260387

건물등철거

Text

The judgment below

Among them, the part against the Plaintiff’s Intervenor (Appointed Party) is reversed, and this part of the case is remanded.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment of the court of first instance as cited by the court below and the court below, the following facts are newly constructed by the defendant around May 2014, i.e., the building of this case was 25,10,000 won, and if it is referred to together with the appointed party A (hereinafter referred to as the "appointed party"), the designated party's husband's husband's husband's heir's heir's husband's heir's heir's right to purchase the land of this case was newly constructed at the time of compulsory sale in real estate procedure, and 1 year has not passed since the new construction, and 27,125,00 won appraisal of the building of this case was 87,125,00 won at the time of the purchase of the land of this case and the appraisal value of the building of this case exceeds 10 times the value of the land of this case's 25,100,000 won, and the land of this case was clearly purchased within 30 times the land of this case's residential area.