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(영문) 서울고등법원 2014.10.08 2013나24421

손해배상(기)

Text

1. The judgment of the first instance court, including the claim that the Plaintiff added and expanded at the trial room, shall be modified as follows.

Reasons

Facts of recognition

The party’s relation and status are 1047m2 (hereinafter “instant land”) and 4m2 (hereinafter “the instant building”) on the instant land and the instant 4m2 (hereinafter “the instant building”) at the time of Gunposiposiposiposiposiposiposiposiposiposiposiposiposiposiposisiposiposiposiposiposisiposisiposisiposisiposisiposisiposisiposisiposiposisiposisiposiposi

Defendant B and the designated parties have occupied the instant real estate in the said voluntary auction case, and have claimed the right of retention or the right of lease.

The relationship between the defendant B and the designated parties is as follows:

Defendant B and Appointer H were married and divorced around 2005, and the Selection AA and Z were their children, the Selection I, and L were the births of the Appointer H, and the Selection J were the births of the Defendant B.

Appointer Y Co., Ltd. (hereinafter referred to as "Selection Y") is the representative of Selection L, and K is the employee of a company in a transaction relationship with Selection Y.

He purchased the instant real estate in the Suwon District Court AJ Voluntary Auction case, and completed the registration in his name on February 16, 2001.

After January 14, 2005, the registration of the instant real estate was completed in the name of AK (the mother of Defendant B).

On July 23, 2007, the registration was completed on July 23, 2007, after the voluntary auction was conducted with the Suwon District Court AL again, L was purchased in the name of the selected Y.

In other words, as seen earlier, the auction procedure has been in progress to Suwon District Court G with respect to the instant real estate, the Plaintiff purchased on November 26, 2010 and completed the registration in the name of the Plaintiff.

On the other hand, the two-story factories of the chill frame structure (hereinafter “non-Dong building”) were constructed on the ground of the instant land, and the preservation registration was completed in the name of the Selection on May 9, 2011.

With respect to the instant real estate registered in the name AK, such as the impossibility of surrender execution, etc.