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(영문) 대구지방법원 서부지원 2018.06.20 2016가단54081

토지인도

Text

1. The defendant is against the plaintiffs:

(a) remove the buildings listed in Annex 2;

(b) Appendix 1.

Reasons

1. Facts of recognition;

A. On April 29, 2008, the Defendant acquired the ownership of the land indicated in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) as indicated in the annexed Table No. 1 (hereinafter “instant land”) and completed the registration of the establishment of a mortgage over KRW 546,00,000 in the nearest maximum amount of debt regarding the instant land on April 22, 201.

B. On May 31, 201, the Defendant filed an application for a building permit with respect to the building site on the instant land with respect to the building area of 240.66 square meters, total floor area of 1,194.26 square meters, and the second class neighborhood living facilities notification center of six stories above ground (hereinafter “instant building”), and obtained a building permit from the North-gu Office of the Daegu Metropolitan City on July 14, 201, and carried out construction works on the instant building.

C. After that, on July 4, 2014, F Co., Ltd. filed an application for voluntary auction with the Daegu District Court G on the instant land, and the Plaintiffs jointly awarded the instant land on April 14, 2016 and acquired ownership at the ratio of 1/4 shares, respectively.

On the other hand, at the time of the commencement of the auction, the building of this case was in the state of complete completion as follows, and since that time, construction has been suspended until now and remains unregistered.

E [Ground of recognition] Each entry of Gap evidence 1 through 7 (including branch numbers), and the purport of the whole pleadings

2. Determination on the removal of buildings and the claim for delivery of land

A. According to the above facts of recognition as to the cause of claim, the defendant possessed the building of this case on the land of this case owned by the plaintiffs, and thus, the defendant is obligated to remove the building of this case to the plaintiffs and deliver the land of this case, barring special circumstances.

B. The Defendant’s defense of statutory superficies defense regarding the Defendant’s assertion and defense was originally owned by the Defendant, but the instant land and the instant building were originally owned by the Defendant. Since the Plaintiffs were to change the owners of the relevant building and the instant land according to the bid awarded during the auction procedure, the Civil Act.

참조조문