beta
(영문) 수원지방법원 2019.10.23 2018가단539823

건물등철거

Text

1. Defendant C Co., Ltd.:

(a) Attached 2 cadastral status map among each land listed in the annexed list 1.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet No. 1 (hereinafter referred to as the “instant land”) is the land for which the Plaintiff acquired ownership by completing the registration of ownership transfer on May 14, 2015. On that ground, each part of the land listed in the separate sheet No. 2 (hereinafter referred to as “inboard 1”) of reinforced concrete structure building 202 square meters and attached Table No. 202 square meters and attached Table 2 shall also be indicated “bbbbb” (attached Form 3) in the part (hereinafter referred to as “the building of this case”) connected with each point of 1, 2, 3, 4, 5, 6, 7, 7, 8, and 1 in sequence with each point of 3, 9, 10, 11, 12, 13, 14, 15, 16, 6, 4, and 3 in the order of each point of 2, 88 square meters (hereinafter referred to as “the building of this case”).

The instant building is indicated as a 194.2 square meters of a manufacturing site of 194.2 square meters for reinforced concrete slab roof neighborhood living facilities in the building ledger and the certified copy of the building register. A part of the building was extended and identical to the instant building.

B. On October 25, 1978, Defendant B completed the registration of ownership transfer with respect to the land stipulated in Paragraph (1) in the annexed Table 1 list, and completed the registration of ownership transfer with respect to the land stipulated in Paragraph (2) in the annexed Table 1 list on September 10, 191. On December 28, 191, Defendant B newly constructed a 194.2 square meters of a manufacturing site for one story of reinforced concrete structure scroke roof neighborhood living facilities on the ground of the instant land (the building ledger was registered by the Defendant as the owner and was unregistered) and then expanded part of the building with respect to the date irregular.

C. On April 3, 2008, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) intended to build a new apartment with the price of 5.5 billion won and capital gains tax additionally determined and sold 5.5 billion won and the amount of capital gains tax, which included each of the above land and the above buildings in the subject matter of sale. The building of this case was also included in the subject matter of sale by agreement to include each of the above land and the above buildings.

(hereinafter referred to as the “instant contract”). In the instant contract, the down payment shall be 50 million won.