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(영문) 대전지방법원천안지원 2019.07.12 2018가합102679

건물등철거

Text

1. The Defendants are to the Plaintiff:

A. As to each of the money stated in [Attachment 1] 3-month unjust enrichment and each of the said money.

Reasons

1. Facts of recognition;

A. Each of the instant apartment units is owned by each of the sectional units of the instant apartment units 1) 1,525 square meters (hereinafter “instant site”) of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “Seoul-gu”).

(2) On the ground, the apartment of the attached Table 2 (hereinafter “instant apartment”) which is an apartment of approximately 85 households with an aggregate of approximately 2,316 square meters of underground floors, 10 stories above ground, 10 stories above ground, and exclusive area.

As to each of the divided households, the registration of entry into a provisional disposition is entrusted, on November 23, 2005, Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) Although registration of ownership has been made in the name of registration of ownership preservation, the remaining Defendants except the Defendant Company completed each registration of ownership transfer as to each of the instant apartment units listed in the separate households listed in the attached Table 1 (hereinafter “each of the instant separate units”) among the instant apartment units.

On May 4, 2012, 53 households, excluding 32 households owned by the Defendants among each of the instant divided households, are 13.2783m25 13.2783m25 25.5476m25/1,525 16.5476m25/1,525/1,525 16.576m309.9175m25/1,525 19.5m200 of the site area corresponding to the ratio of the site ownership to the site area corresponding to the ratio of the site ownership. The Plaintiff’s share in the site area corresponding to the ratio of the ownership ownership of each of the instant divided households, as follows: (a) on May 2, 2012, 53 households, excluding 32 units of the divided households owned by the Defendants, filed an application for a successful bid registration of 1,525 m28/1,520 of the instant site area’s share.

The registration of ownership transfer is completed with respect to Defendant I (based on recognition): deemed confession (Article 150 of the Civil Procedure Act).