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(영문) 대전지방법원홍성지원 2019.04.30 2018가단2394

건물철거 등

Text

1. The Defendant’s successor to the Plaintiff:

A. Of the size of 443 square meters in Chungcheongnam-gun E-gun, the annexed map No. 10,11,12,13,14, 15.

Reasons

1. Basic facts

A. On November 4, 2015, the Plaintiff: (a) had registered ownership transfer in the name of the Plaintiff on the ground of the “sale due to compulsory auction” on the instant land on November 18, 2015, in the procedure of the F compulsory auction by red branch of the Daejeon District Court; (b) from around 1985, the purchase price of the land of the Chungcheongnam-nam Budget E-gun (hereinafter “instant land”); and (c) had been paid in full and acquired ownership from around November 18, 2015.

B. From December 1, 1970 to the instant land, the Defendant owned (a) parts of the asbestos slate roof, multi-purpose housing, and non-purpose forest facilities of 145 square meters connected each point in order of 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, and 145 square meters on the instant land, and (b) parts of the ship connected each point of 22,23,24, 25, 26, 27, 28, and 22 of the same drawings, and the 23 square meters in a cement roof with cement block (hereinafter collectively collectively referred to as the “building of this case”), among the instant land, owned the instant land in order of 1,23, 39, 88, and 25 square meters in the shape of each of the instant land (hereinafter referred to as the “land”).

C. On July 2, 2018, the Plaintiff’s succeeding intervenor 1) purchased the instant land from the Plaintiff on July 2, 2018, and completed the registration of ownership transfer on July 9, 2018. (2) The Plaintiff’s succeeding intervenor filed an application for intervention in the instant lawsuit on July 31, 2018.

On October 16, 2018, the Plaintiff withdrawn from the lawsuit of this case, and the Defendant consented to the withdrawal of the lawsuit of this case on the same day.

3. From November 4, 2015 to July 1, 2018, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim “10,360,286 won for unlawful gains arising from the use of the instant land without permission,” and notified the Defendant of the assignment of the claim by content-certified mail on October 23, 2018.