건물등철거 등
1. The judgment of the court of first instance is modified as follows.
Defendant G shall be recorded in the Plaintiff, and (1) the attached Table 2.
1. Facts of recognition;
A. On April 15, 2010, Defendants C and D owned 1/2 shares of each of the land listed in the separate sheet No. 1 (hereinafter “instant land”), and on April 15, 2010, set up a collateral security right, which is a mortgagee, Korea Agricultural Cooperatives, the maximum debt amount, KRW 936,00,000, and the debtor, with the collateral of the instant land and the building prior to the removal of the said land.
B. On October 29, 2012, Defendant A and D removed the building above the instant land, and newly constructed a building listed in the attached Table 2 (hereinafter “instant building”).
C. On July 24, 2013, pursuant to the application for voluntary auction by the Korean Agricultural Cooperatives, the decision to voluntarily commence the sale of the instant land was made. The instant building was completed on July 26, 2013 by the entrustment of provisional disposition registration, and the registration of ownership transfer was completed under the name of Defendant A, Defendant B purchased 1/2 shares of the instant building from Defendant A on August 13, 2013, and completed the registration of ownership transfer under its name.
On the other hand, in the auction procedure on the instant land, the Plaintiff decided as the highest purchaser, and paid the sale price on June 19, 2014, and acquired the ownership of the said land.
E. After that, on November 25, 2014, the registration of ownership transfer of one-half shares in the name of the Intervenor C and D was completed on the grounds of the restoration of the true name on the instant building.
F. On June 30, 2016, the Intervenor G obtained a decision to permit the sale of the instant building in the procedure for the compulsory auction of H real estate at the court below on June 30, 2016. The same year
8.5. Acquisition of ownership by full payment of the successful bid price.
G. The monthly average rent of the instant land is KRW 3,059,000 from June 19, 2014 to February 24, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, results of the entrustment of the appraisal by the appraiser E of the first instance trial, purport of the whole pleadings
2. Determination
A. According to the facts of the judgment on the removal of the building and the part of the claim for delivery of the land, the owner of the building of this case is the owner.