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(영문) 서울고등법원 2016.12.15 2016나2020082

건물등철거

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1. All appeals by the Defendants are dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendants is as follows.

Reasons

1. Basic facts

A. The ownership relationship, etc. of each of the instant lands and buildings 1) A (hereinafter “A”)

) On October 1, 1996, a new siren Co., Ltd. (hereinafter referred to as “new siren”)

(2) On April 24, 2002, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) entered into a real estate disposal trust agreement with each of the instant land to newly construct and sell shopping malls on each of the instant land, and on the following day, Korea Land Trust completed each of the instant land registration on each of the instant land based on the said trust agreement.

3) After completion of each of the instant buildings, A entered into a real estate disposal trust agreement with the Korea Land Trust on September 21, 2004, and completed the registration of ownership transfer to the Korea Land Trust on the instant building on the following day. On the other hand, on August 22, 2003, the voluntary auction procedure for each of the instant lands was commenced on August 22, 2003 with the Seoul District Court Goyang Branch Support Fund. In the auction procedure, the Plaintiff and Hyundai Switzerland 2 Mutual Savings Bank (hereinafter “2 Savings Bank”) purchased each of the instant lands on January 17, 2005, one-half shares of each of the instant lands.

5) On September 15, 2005, the Korea Land Trust notified A of the termination of a trust agreement on each of the instant buildings on the ground that each of the instant land was sold to the Plaintiff and the Second Savings Bank, and the shopping mall sales business was impossible. On September 1, 2010, each of the instant buildings was completed due to the termination of the trust agreement. On September 1, 2010, the Defendant Company asserted the right of retention while occupying the part out of the instant building as the contractor of each of the instant buildings.

B. One Plaintiff and two savings banks, including the progress of the previous litigation.