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(영문) 전주지방법원 2014.02.07 2013가단32002

건물등철거

Text

1. The defendant shall be the plaintiff.

(a) remove the real estate listed in Appendix 2 list;

(b) Appendix 1 Schedule 1, respectively.

Reasons

1. Basic facts

A. At the time of September 19, 2001, Tyang Industrial Co., Ltd. completed the registration of creation of a mortgage over the maximum debt amount of 600 million won as to each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) on which the registration of ownership transfer was completed in the future of mobilization of the Co., Ltd., and the auction procedure of real estate was conducted on January 18, 2007 with the Jeonju District Court B, and there was no building on the instant land at the time of the registration of establishment of a neighboring land.

B. On February 25, 2008, the Plaintiff acquired ownership by receiving the successful bid of the instant land at the above auction procedure and paying the price in full.

C. Meanwhile, the mobilization of a stock company, upon obtaining a new construction permit on May 28, 2002, newly constructed the real estate listed in the separate sheet No. 2 (hereinafter “instant building”) on the instant land, and completed the registration of initial ownership on September 5, 2002. On the preceding day, the mutual savings bank completed the registration of initial ownership creation of the instant building on August 17, 2005, the maximum debt amount of KRW 2.3 billion was completed. On May 28, 2008, the former District Court C of the Jeonju District on May 28, 2008, acquired ownership by winning a successful bid for the instant building at the above auction procedure. On July 29, 2009, the Defendant purchased the instant building from D and acquired its ownership on July 30, 2009.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the building of this case to the plaintiff and deliver the land of this case to the plaintiff, unless there are special circumstances.

B. (1) The Defendant asserts that the statutory superficies claim was established with respect to the instant building.

On the other hand, after establishing a mortgage on the land without a building, the building is constructed, and the auction procedure is to exercise the security right.