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(영문) 서울북부지방법원 2017.04.11 2016나34272

건물철거등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 28, 2007, E removed the old building located on the ground of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City D large 136 square meters (hereinafter “instant site”) which is its ownership, from Seoul Special Metropolitan City, Nowon-gu, and completed a new construction permit to build an apartment house with the fourth floor size above the instant site (hereinafter “instant apartment house”). On March 14, 2008, E filed a report on the commencement of construction on March 14, 2008.

B. At the time of March 28, 2008, the Newly constructed construction of the instant multi-family housing completed steel arrangement among the basic construction works.

C. On May 7, 2008, E completed the registration of creation of a neighboring mortgage of KRW 312,00,000 with respect to the instant site and the building on the ground (hereinafter “mortgage”), and on May 27, 2008, E completed the registration of creation of a neighboring mortgage of KRW 60,000 with respect to the instant site (hereinafter “mortgage-mortgage-mortgage”). On June 4, 2008, E completed the registration of creation of a superficies with respect to the instant site (hereinafter “the instant site”).

Since the completion of the instant multi-family housing, it was approved for use on January 19, 2009, and on January 23, 2009, on the first floor No. 101, No. 27.99 square meters (the ownership site right of this case 24.6432/136 of the instant site), No. 201, No. 201, No. 48.84 square meters (the ownership site right of this case 43.002/136 of the instant site), No. 301, No. 301, No. 48.84 square meters (the ownership site of this case 43.02/136 of the instant site), and No. 401, No. 28.844 of the fourth floor (the ownership site of this case 25.3564/136 of the instant site) registered the preservation of ownership in the title of E.

E. E completed the registration of ownership transfer for sale on March 3, 2009 to G on March 17, 2009 with respect to the second floor reinforced concrete structure 48.84 square meters (hereinafter “instant building”) among the instant multi-family housing.

F. 1 E, on May 13, 2009, completed the registration of creation of a neighboring mortgage to the Seo River Credit Union Nos. 101, 301, and 401, in addition to joint collateral, among the instant multi-family housing, and thereafter, is a mortgagee.