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(영문) 전주지방법원 2018.10.31 2017가단27985

건물철거 및 토지인도

Text

1. The Defendant (Appointed Party) and the designated parties are not less than 660 square meters in Seoul Special Metropolitan City, Jeonju-gun, and 1,000 square meters in D miscellaneous land.

Reasons

1. Facts of recognition;

A. The Plaintiff, which was owned by Jeonju District Court, completed the registration of transfer of ownership in its name under the former District Court No. 84213, Dec. 29, 201, with respect to the instant land at the auction on December 27, 201, at the Jeonju District Court’s Seoul District Court’s en banc Decision 660 square meters and D miscellaneous land’s 1,000 square meters (hereinafter collectively referred to as “instant land”).

B. At the time when the Plaintiff was awarded a successful bid for the instant land, E owned a single-story building, including the buildings listed in the separate sheet. However, among them, the part on the instant land was connected with each point of the following: (a) the portion on which the instant land was indicated in the separate sheet: 13, 15, 18, 19, 20, 21, 22, 23, 24, 12, and 13 in sequence; (b) the portion on which the instant land was connected to each point of (a) the block structure 85 square meters, 33,34,35, 35, 9, 11, 25, 26, 27, 28, 29, 20, and 30 square meters in sequence; (b) the portion on which the instant land was connected with each of the said parts on the instant land: (c) the portion on which the instant land was connected with 30,000 square meters in sequence and 3 (3) buildings owned with each of the instant land.

C. On May 3, 2012, the Plaintiff filed a lawsuit against E on the premise that the statutory superficies for the instant building was established with respect to the land of this case among the land of this case, the Jeonju District Court Decision 2012Gau48578, Jeonju-gun, Jeonju-gun. The said court rendered a judgment on February 21, 2013, stating that “E shall pay to the Plaintiff money calculated at the rate of KRW 90,000 and KRW 1,000,000 per month from May 1, 2012 to the date of the Plaintiff’s loss of ownership or the date of the Plaintiff’s loss of possession of the land of this case, which is calculated at the rate of KRW 90,00,000 per month from the date of the Plaintiff’s loss of ownership or the date of E’s loss of possession.” The said judgment is as is on April 12, 2013.