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(영문) 제주지방법원 2016.07.05 2015가단14074

건물철거 및 대지인도 등

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1. From July 8, 2015 to Jeju, the Defendant indicated the annexed drawings 1, 2, 3, 44, and 1, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On July 29, 2000, the registration of ownership transfer was completed on July 29, 200 with respect to B Dae-si, Jeju (hereinafter “instant land”).

B. On October 19, 2001, C created a collateral on the instant land, which is equivalent to KRW 65 million for the Jeju Bank Co., Ltd., the maximum debt amount, and the maximum debt amount. At the time, C requested by the Jeju Bank, which was prepared by the State appraisal corporation on October 18, 2001, stated that the instant land is being used as a site for about approximately KRW 88.7 square meters for a single-story office located in the light steel-frame.

C. On March 6, 2003, C completed the registration of initial ownership relating to the land of this case as to the 100 square meters for the second class neighborhood living facilities of the second class neighborhood living facilities of the 2nd floor on the land of this case (hereinafter “the building of this case”). On October 17, 2003, C created a joint collateral security on the instant land, building, etc., with regard to the retail Financial Support Center for the Person Having a right to collateral security, the maximum debt amount of KRW 90,000,000.

According to the request for auction by the Retail Financial Support Center, the auction procedure for the building of this case was commenced to Jeju District Court D, and on February 26, 2010, the retail Financial Support Center, a purchaser, paid in full the purchase price, and thereafter on June 1, 2012, the registration of ownership transfer was completed on May 31, 2012 in the future of the defendant on June 1, 2012.

E. According to the request for auction by Jeju District Court E, the voluntary auction procedure for the instant land was commenced, and on May 2, 2012, F, the purchaser of the instant land, paid in full, and on July 8, 2015, the Plaintiff and G, on July 8, 2015, the ownership transfer registration for each one-half of the instant land was completed due to the sale on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, who owns one-half shares of the land in this case, is an act of preserving the jointly owned property.