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(영문) 서울동부지방법원 2015.01.16 2014나22019

건물등철거

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1. All appeals filed by the plaintiff and the defendant and the plaintiff's claims expanded in the trial room are dismissed.

2...

Reasons

1. Facts of recognition;

A. On April 17, 1985, C purchased 1/20 shares (hereinafter “instant site shares”) from Gangdong-gu Seoul Metropolitan Government K 1535m2 (hereinafter “Yanyang Livestock Industry Cooperatives”) and completed the registration of the transfer of shares on April 17, 1985, and on October 25, 1996, the name was changed to the “Yanyang Livestock Industry Cooperatives” (hereinafter “Yan Livestock Industry Cooperatives”) with the share in the instant land and the building on the instant land (hereinafter “the building on the instant land”) with the maximum debt amount of 203m20,000,000 square meters decreased to 964m2.

B. At the time, the instant land was owned by 23 persons, such as C, I, D, and E. Since then, the former building was removed, the aggregate building (the instant building No. 103 among them) was newly built on the instant land, and on June 19, 198, the ownership registration (line No. 31) was completed as to all the shares except D and E’s shares among the instant land, and on July 22, 1998, the ownership registration (line No. 33) was completed.

C. After October 26, 1996, C sold the instant building and the instant site shares to F; F sold the instant building and the instant site shares to G respectively on March 6, 1998; and on July 29, 198, the registration of ownership preservation of C’s name was completed on December 31, 1998, and each transfer registration of F and G’s ownership was completed in sequence with respect to the instant site shares; F on December 31, 1998 and G’s share transfer registration was completed in order.

On the other hand, C entered into a mortgage contract on the instant building with the Korean Gyeyang Soil Industry Cooperatives, and completed the registration of the establishment of a neighboring mortgage on October 12, 1998 to the Korean Gyeyang Livestock Industry Cooperatives, but on December 31, 1998, the said court.