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(영문) 수원지방법원성남지원 2016.02.19 2014가단33245

건물철거 및 토지인도

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1. The Defendants are real estate listed in the separate sheet among the Plaintiff:

(a)each point in the separate sheet No. 1, 2, 3, 4, 5, and 1.

Reasons

1. Facts of recognition;

A. On April 20, 2010, Defendant B purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty D on April 22, 2010, and completed the registration of ownership transfer by cancelling the respective collateral security (debtor D) and superficies of the Gwangju Central Saemaul Community Depository, which was established on the instant real estate. On the same day, Defendant B completed the registration of establishment of a neighboring mortgage (hereinafter “instant collateral security”) with the debtor B, the mortgagee, the maximum debt amount of KRW 300,000,000 on the same day.

B. Nonparty E applied for a compulsory auction on the instant real estate, and on November 2, 2012, the Suwon District Court rendered a judgment of compulsory commencement of auction with Sungnam Branch Fri Branch. On April 5, 2013, the Plaintiff acquired ownership by winning a successful bid on the instant real estate.

(hereinafter “instant auction”). C.

On the other hand, the Defendants, after acquiring the instant real estate, installed a vinyl on the ground of Section 74 square meters in the section 1, 2, 3, 4, 5, and 1 of the attached drawings among the instant real estate, which connects each point of which is indicated in the table 1, 2, 3, 4, 5, and 1 of the attached drawings, and brought containers inside the said section (it does not have the same structure as the steel bars that were connected to container stuffs and panels; the same applies hereinafter)

(hereinafter “the instant first vinyl”). Moreover, around December 2012, after the registration of the decision to commence auction, a vinyl was installed on the ground of 46 square meters in the ship connecting each point of 6, 7, 8, 9, and 6 square meters in sequence with the indication of the same drawings and around December 2012, which was after the registration of the decision to commence auction, and brought containers inside the ship.

(hereinafter “the second vinyl”). D.

The Defendants currently reside in the first and second plastic houses of this case.

[Ground of recognition] A without dispute, Gap evidence 1 through 20, Eul evidence 2 and 3, appraiser G's appraisal result, the purport of the whole pleadings

2. Reviewing the determination of the cause of the claim, and examining the above facts of recognition, the Defendants are the owners, unless there are special circumstances.