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(영문) 수원지방법원 2017.09.21 2017가단508600

건물등철거

Text

1. The defendant,

A. The plaintiff (appointed party) and the appointed party C shall remove the real estate stated in the separate sheet and D. When it is commercialized.

Reasons

1. Basic facts

A. The land of this case was originally owned by E. B. On January 19, 2016, E completed the registration of transfer on the ground of sale and purchase on January 9, 2016. The F completed the registration of transfer on the instant land to F on February 2, 2016, with respect to the instant land of this case with the maximum debt amount of KRW 100,000,000, the debtor F and the mortgagee G, and the registration of creation of superficies.

B. G applied for a voluntary auction on the instant land to Suwon District Court H, and the said court rendered a voluntary decision to commence the auction on July 27, 2016.

After that, on February 22, 2017, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party C purchased the instant land and completed the registration of ownership transfer for sale due to the same day’s voluntary auction process. Of the instant land on February 22, 2017, the Plaintiff purchased 1/10 shares, and the Selection Party C completed the registration of ownership transfer for sale due to the same day’s voluntary auction process.

C. On June 23, 2017, the registration of preservation of ownership in the name of the defendant was completed upon the request of the plaintiff for the registration of provisional disposition on the building indicated in the separate sheet on the ground of the instant land, and the defendant occupied the instant land for the maintenance and use of the instant building.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 23, Eul evidence Nos. 2-1, 2, and 3, and the purport of the whole pleadings

2. Determination on removal and request for extradition

A. According to the above facts of determination as to the cause of the claim, the defendant, as the owner of the building of this case, possesses the land of this case owned by the plaintiff and the designated party C, so the plaintiff is obligated to remove the building of this case and deliver the land of this case, unless it proves that there is a legitimate right to possess it.

B. On February 2, 2016, the first Defendant’s assertion regarding the Defendant’s assertion, the F, before the completion of the registration of the establishment of a neighboring establishment in the name of G on the instant land on February 2, 2016, was the first time around December 2015.