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(영문) 창원지방법원통영지원 2020.02.11 2018가단28456

건물등철거

Text

1. Of the instant lawsuits, the part of the claim for land rent from August 22, 2018 to May 22, 2019 shall be dismissed.

2. The defendant is the plaintiff.

Reasons

1. Facts of recognition;

A. On March 11, 1993, E completed the registration of ownership transfer with respect to D large scale 317 square meters (hereinafter “instant land”).

B. E died on July 27, 2010, and the Defendant completed the registration of ownership transfer due to inheritance due to a consultation and division as of February 3, 2014. < Amended by Presidential Decree No. 22190, Jul. 27, 2010>

C. In the building ledger, around 1945, E completed the ownership registration of a wooden detached house with a size of 33.05 square meters on the instant land located on the instant land, and on March 21, 2014, the register is cancelled upon application.

As to the instant land on April 25, 2014, the FF association completed the registration of the creation of a neighboring mortgage of KRW 48,00,000 (hereinafter “instant mortgage”) and superficies for the possession of a building, other structure, or trees. On August 25, 2014, the FF association completed the additional registration of the alteration of the right to collateral security to the Defendant on the ground of the acquisition of a contract as of August 25, 2014, changing the debtor on the ground of the acquisition of the instant right to collateral security as of August 25, 2014, and on August 21, 2017, the additional registration of the transfer of the right to collateral security changed to the Korea Asset Management Corporation on the ground of the transfer of confirmed claim as of July 28, 2017.

E. On the ground of 61 m2, 6, 5, 6, 7, 10, 11, 12, 13, 14, 15, and 1 of the land of this case, which is located within the scope of the area located within the scope of the area located within 61 m2, 2, 5, 6, 7, 10, 11, 12, 13, 15 and 1

9. 10, 7의 각 점을 차례로 연결한 선내 ㉡ 부분 8.75㎡ 지상에는 조적조 슬래브지붕 단층 다용도실이, 별지 도면 표시 2, 3, 4, 5, 2의 각 점을 차례로 연결한 선내 ㉢ 부분 3㎡ 지상에는 조적조 칼리시트지붕 단층 보일러실이, 별지 도면 표시 16, 17, 20, 21, 22, 23, 16을 차례로 연결한 선내 ㉣ 부분 40.5㎡ 지상에는 조적조 슬래브지붕 단층 창고가, 별지 도면 표시 17, 18, 19, 20, 17의 각 점을 차례로 연결한...