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(영문) 창원지방법원 2015.04.15 2014나3676

소유권에 기한 방해제거

Text

1.The judgment of the first instance shall be modified as follows:

For the Intervenor’s Intervenor, the Defendant

A. Attached 1 Map 9, 9.

Reasons

1. Basic facts

A. On July 6, 2009, the Defendant contracted with G Co., Ltd. (hereinafter “G”) each of the lands listed in the separate sheet No. 5 (hereinafter “each of the instant lands”) as indicated in the separate sheet No. 290,000,000 (hereinafter “each of the instant lands”) and executed construction works equivalent to KRW 392,07,231 by November 20, 2009.

B. On December 20, 2010, Homato 2 Savings Bank Co., Ltd. (hereinafter “tomato 2 Savings Bank”) received the award of each of the instant land in the public auction procedure with respect to each of the instant land, and completed the registration of ownership transfer on December 22, 2010.

C. In order to enter each of the instant lands into and from the roads adjacent to each of the instant lands, a bridge installed on the part “B” (hereinafter “B”), 9, 10, 11, 12, and 9 in sequence, connecting each of the items of “A”, 5, 6, 7, 8, and 5 in sequence with the respective points of “A” (hereinafter “the part”), 6.95 square meters, 9, 10, 11, 12, and 9 in sequence, connecting each of the items of “A” (hereinafter “the part”), 62.64 square meters (hereinafter “the part”). D.

피고는 ‘다’ 부분 위에 출입금지 팻말, 공고문, 쇠사슬 바리케이드를 설치하고 가로 약 6m, 세로 약 3m, 높이 약 2.5m 크기의 컨테이너 1개동을 놓아두고 사무실로 사용하고 있으며, ‘나’ 부분 위에 쇠사슬 바리케이드를 설치하였다.

E. On April 30, 2013, Homato2 Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap55, and the Plaintiff was appointed as the trustee in bankruptcy of the said bank. The land listed in the attached Tables 1, 3, and 4 among each land of this case listed in the attached Tables 1, 3, and 4 of the attached Tables 5 among each land of this case was completed on April 28, 2014 by the Plaintiff’s succeeding Intervenor I, 5, 5, and 6 on April 21, 2014.

[Reasons for Recognition] Unsured Facts, Gap evidence Nos. 1, 2, and 8, Eul evidence Nos. 1, 2, and 30, and this Court.