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(영문) 춘천지방법원영월지원 2020.01.15 2018가단2368

건물철거 등

Text

1. The plaintiff's claims against the defendants and defendant Eul, the successor of defendant B, are all dismissed.

2. All the costs of lawsuit;

Reasons

1. Basic facts

A. On August 11, 2015, the registration of ownership transfer was completed on the building listed in paragraph (1) of the [Attachment List (hereinafter “instant building”) on the ground of inheritance in the name of the Defendant B by subrogation by the G Union.

On the same day, the registration of ownership transfer was completed by subrogation on the land listed in the attached list No. 2 (hereinafter “instant land”), which is the site of the instant building, due to inheritance in the name of Defendant B.

B. On November 15, 2016, the Plaintiff completed the registration of ownership transfer on the ground of voluntary auction with respect to the instant land and the area of 392 square meters per se prior to H in Suwon-gun, Gangwon-gu.

C. Defendant C and D filed a lawsuit against Defendant B on April 7, 2016 against the following: (a) Defendant C and D declared that “within the scope of inherited property, Defendant C will pay KRW 80,000,000, KRW 70,000 to Defendant D, and delay damages therefor,” and the said judgment became final and conclusive.

The Plaintiff filed a lawsuit against the Defendants on July 13, 2018 against Daejeon District Court 2017Gapo6260, and the said court rendered a judgment that “Defendant B, on July 13, 2018, paid to the Plaintiff the amount calculated at the rate of 15% per annum from February 3, 2017 to the date of complete payment, and the amount of money equivalent to KRW 328,40 per annum from January 16, 2017 to the date of delivery of the instant land (the judgment on January 16, 2017).” The Plaintiff’s claim against Defendant C and D was dismissed, and the said judgment became final and conclusive.

E. On September 25, 2017, as to the instant building, the voluntary auction procedure began to be established as Chuncheon District Court Young Branch I, and on January 22, 2019, hereinafter referred to as Defendant B’s successor.

The decision of permission to sell E was issued, and the sale was made by voluntary auction on March 19, 2019 in the name of E, which is the number of successors on May 10, 2019.