건물철거등
1.The part concerning the conjunctive claim of the first instance judgment shall be modified as follows:
The defendant shall make the plaintiff 101,684.
The scope of the court's trial is dismissed, and only the defendant appealed against the judgment of the court of first instance which accepted only the conjunctive claim. Thus, the scope of the court's trial is limited to the conjunctive claim.
On December 31, 2002, the Defendant completed the registration of ownership transfer with respect to the instant land under the name of the Defendant, and on December 31, 2002, entered into a mortgage contract with Choung Bank Co., Ltd. (hereinafter “ Choung Bank”) with the maximum debt amount of KRW 1,300,000,000, the debtor, the defendant, and the mortgagee of the right to collateral security, and completed the registration of mortgage establishment on the same day.
Since then, the auction procedure for the land of this case was commenced upon the application of the Choung Bank, and the plaintiff was awarded a successful bid for the land of this case in the above auction procedure and paid the successful bid price on September 6, 2005, and completed the registration of ownership transfer on the land of this case on September 12, 2005.
The defendant obtained a building permit on the ground of the instant land on May 15, 1999, and constructed the instant building with a design change permit on August 24, 2002, and has not yet been completed until now.
At the time of the above construction permit, the instant building was planned to be newly built as the first floor and the fifth floor above the ground. However, at the time of the completion of the registration of the establishment of a neighboring mortgage, the building was in progress with the outer wall of the fourth floor above the ground, while the columns and main walls were completed up to the third floor above the ground. At the time of the Plaintiff being awarded the bid of the instant land, the instant building had almost
[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1, 3, Eul evidence No. 1, and the response of the order to submit financial transaction information to the new bank of the court of first instance to the new bank of the court of first instance, as a result of the whole determination of the purport of the pleading, the plaintiff acquired the ownership of the land of this case by fully paying the successful bid price on September 6, 2005, and as the owner of the building of this case.