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(영문) 광주지방법원 2016.11.03 2016가단11160

건물철거 등

Text

1. The Plaintiff:

A. Defendant B shall remove the buildings listed in paragraph 2 of the attached list and set out in paragraph 1 of the attached list.

Reasons

1. Facts of recognition;

A. As to the Plaintiff’s land, the Plaintiff acquired the ownership of Defendant B’s building on August 12, 199 (hereinafter “instant land”)

7. 15. 15. The registration of ownership transfer is completed in its future on the grounds of sale, and the defendant on May 24, 2010. The same year as to the building in this case

4. The registration of ownership transfer shall be completed in its future on the grounds of sale by 28.

B. The judgment of the Jeonju District Court (2013da47991) filed a lawsuit against Defendant B, D, E, F, and G against the Gwangju District Court (2013dada47991). The argument was concluded on January 16, 2015 from the appellate court (2014Na5766) and the following judgment was rendered on January 30, 2015. The Plaintiff appealed against this around that time, but the appeal was dismissed on May 28, 2015, and the judgment of the said appellate court (hereinafter “the judgment of the Jeonju”) became final and conclusive around that time.

1) The summary of the order A) Defendant B is the amount calculated by the ratio of KRW 1,123,063 per month to the Plaintiff, KRW 50,785,127 per annum from March 12, 2014 to April 29, 2014, KRW 20 per annum from the next day to the date of full payment, KRW 20 per annum from the next day to the date of full payment, and KRW 1,123,063 per annum from February 25, 2014 to the date of loss of Plaintiff’s ownership or the date of loss of Defendant B’s possession.

B) The Plaintiff’s remaining claims and G, Defendant D, E, and F are dismissed, respectively. 2) On August 12, 1999, H acquired statutory superficies under the customary law for the instant building with respect to the instant land. Defendant D purchased the said building at the auction procedure and acquired its ownership, and Defendant D acquired the said statutory superficies. Defendant D transferred the said building again to Defendant B, and Defendant D transferred the said statutory superficies to Defendant D again.

Therefore, according to the principle of subrogation by creditors, Defendant B shall register the creation of superficies and the registration of the transfer of superficies against Plaintiff, Defendant D, and I in turn.