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(영문) 울산지방법원 2014.11.28 2013가단26813

건물철거 등

Text

1. The defendant

A. An appraisal of the real estate listed in the attached Table C to the succeeding intervenor B and the plaintiff C.

Reasons

1. Facts of recognition;

A. The real estate indicated in the separate sheet (hereinafter “instant land”) held ownership as the site for the land readjustment project by the D District and Land Partition Association (hereinafter “SP”). However, Plaintiff A acquired the ownership of the instant land through sale and purchase on July 22, 201, and completed the registration of ownership transfer under the name of the said Plaintiff on August 1, 201, and thereafter Plaintiff B acquired the ownership of the instant land from Plaintiff A through sale and purchase on July 23, 2013, and completed the registration of ownership transfer under the said Plaintiff’s name on the same day.

B. On November 19, 2010, the Defendant: (a) obtained approval from the non-party partnership for land use with respect to the total of 832.6 square meters of land that is the aggregate of the land of Ulsan-gun Empt and the instant land adjacent to the instant land, and (b) applied for a construction permit to newly construct multi-unit houses and officetels on the said ground to the Ulsan-gu Incheon Metropolitan City Office as the site of the building; and (c) obtained the construction permit on November 19, 2010.

C. Afterwards, the Defendant started to build a 7-dong reinforced concrete building built on the land of Ulsan-gun Empt and the land of this case on the ground of multi-family housing and officetels, and had completed the construction of the said building around June 12, 2012.

The above building was located on the ground of No. 2, 5, 6, 7, and 2 of the attached appraisal map among the land in the instant case, other than the land in Ulsan-gun, Ulsan-gun, Ulsan-gun, and was located on the ground of No. 45.8 square meters in the part of “bb” in the instant land. The Defendant, in addition to the 45.8 square meters in the aforementioned part of “bb” in the instant building, had occupied a portion of 1, 5, 6, 7, 3, 4, and 1 of the attached appraisal map among the instant land in sequence connected for the construction of the said building.

On August 10, 2012, the Defendant took place against Nonparty Union and Plaintiff A around July 2011 with respect to the instant land between Nonparty Union and said Plaintiff.