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(영문) 수원지방법원 평택지원 2018.11.08 2018가단54666

건물등철거

Text

1. The defendant shall be the plaintiff.

(a) Indication 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 17, 18, 18, and 2, 3, 4, 5, 6, 16, 17, 18, and 6.

Reasons

1. Basic facts

A. On November 6, 1972, the network D completed the transfer registration of shares on October 20, 1972 with respect to the share of 42/1080 in Song-si E (hereinafter “Before subdivision”) among the land before subdivision on November 6, 1972, and completed the transfer registration of shares on August 31, 1981 with respect to the share of 83/1080 out of the above land on August 31, 1981.

B. At the time of purchase of the shares of 42/1080 of the land before the said partition, net D purchased at the same time cement brick structure, brick structure, one story, other sales and business facilities, which are unregistered unregistered buildings on the ground (hereinafter “existing buildings”), but only completed the registration of share transfer of the land.

C. On January 9, 1989, the network D completed the registration of ownership transfer solely on the ground of the partition of co-owned property on December 29, 1988, as to the land of Pyeongtaek-si and 116 square meters divided from the land before subdivision (hereinafter “instant land”).

On September 25, 1998, the defendant, who is the deceased D's children, completed the registration of ownership transfer on the land of this case on October 10, 1996.

E. On February 5, 199, F completed the registration of creation of a neighboring mortgage (hereinafter “mortgage of this case”) with respect to the land of this case, which is the Plaintiff, the maximum debt amount of which is 35 million won, and F applied for a voluntary auction based on the said mortgage, and completed the voluntary auction on September 27, 200 upon receipt of the decision to commence voluntary auction on September 29, 200 by Suwon District Court G on September 29, 200.

F. On June 1, 2001, the Plaintiff completed the registration of ownership transfer based on the successful bid on April 27, 2001.

G. At present, there is a 102 square meters of cement brick structure building (hereinafter “instant building”) that connects each point of the attached table Nos. 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 17, 18, and 2 on the ground of the instant land in sequence, and the Plaintiff has the de facto right to dispose of the instant building by inheritance from the network D, and uses and benefits therefrom.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3, results of survey and appraisal, and arguments.