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(영문) 수원지방법원평택지원 2012.09.27 2011가합5389

건물철거 및 토지인도

Text

1. The Plaintiff:

A. Defendant A Co., Ltd leaves the building indicated in the attached list;

B. The Defendants are above A.

(b).

Reasons

1. Claim against Defendant F;

A. The plaintiff to indicate the claim is entitled to 1-B of the disposition.

The owner of the land indicated in paragraph (1) (hereinafter “instant land”) owns the building indicated in the separate sheet, and seeks to remove the building indicated in the separate sheet and deliver the instant land to Defendant F who occupies the instant land without a legitimate title.

Judgment by means of application by public notice (Articles 194 through 196, and 208 (3) 3 of the Civil Procedure Act)

2. Claim against the remaining Defendants

A. The facts of recognition 1) The Defendants acquired the rights to the buildings of Pyeongtaek-si G, H land, and the above ground J-J-affiliated housing (the 4-story housing with the 1st floor, the 2nd floor, and the 4-story land owner) and K-si I land were to remove the above apartment house and to construct the main complex building with the 19th floor size (hereinafter “the instant building”). On June 2, 2004, K-I-J reconstruction association (hereinafter “the instant association”) established the instant association with the intention to remove the said apartment house and to construct the main complex building with the 19th floor size. On the same day, K-I-K completed the registration of ownership transfer for the shares of each of the above lands and the entire ownership of the apartment house on the grounds of trust to the instant association. On the same day, K-I-B (hereinafter “National Bank”) established the registration of creation of a mortgage with the maximum debt amount of KRW 26 million to the National Bank (hereinafter “National Bank”).

However, on July 15, 2004, Defendant B, the owner of the above apartment house No. 2, the second apartment house No. 1, and M, respectively, completed the registration of the transfer of ownership and the registration of the establishment of the establishment of the above neighboring housing to the instant association.

B) The instant association is a fisheries construction company on May 11, 2004 (hereinafter “fisheries construction”)

As a result, fishery construction has all beneficial rights, such as the construction and execution rights of the building of this case. After constructing the building of this case, a contract was entered into with the members to supply multi-family housing of 24.5 square meters or more for exclusive use by its members. On November 23, 2004, Defendant A Co., Ltd. (hereinafter referred to as “the contract”).

참조조문