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(영문) 수원지방법원평택지원 2014.01.16 2012가합3342
건물철거 등
Text

1. The Plaintiff:

A. Defendants, other than Defendant F, G, H, and I, and Defendant A’s acceptance Intervenor J.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in the separate sheet No. 4 (hereinafter “instant land”). The Defendants, other than Defendant G, H, and I, and the remaining Defendants and the Intervenors, among the Defendants, share in the relevant section of exclusive ownership in multi-household houses with two lots of multi-household houses on the ground of the instant land (hereinafter “instant building”), as shown in the separate sheet No. 2, and the acquiring Intervenor J, K, Defendant A, and B own the share in 2/8, 1/8, 1/8, 1/8, and 1/8 of the common area of the building in operation among the instant building in turn. Defendant A, F, C, D, and E own the common area of the instant building in turn as 3/8, 2/8, 2/8, 1/8, 1/8, 1/8, and 1/8.

Defendant G occupies 301, Defendant H, 102, and Defendant I occupy 401, respectively, among the above buildings.

B. 1) On January 28, 1969, Nonparty L completed the registration of ownership transfer on the instant land. 2) L obtained a construction permit for the instant land on August 1, 1995, with a total of 16 households, and began construction work on August 13, 1995.

3) On March 26, 1997, L borrowed money from Nonparty M to secure the construction cost while carrying out the basic construction work, such as the ground destruction, etc., and on the same day, L borrowed money from Nonparty M, and completed the registration of creation of mortgage over the instant land with the maximum debt amount of KRW 240 million, and the mortgage over the instant land with the mortgagee M (hereinafter “instant collateral security”).

4) Meanwhile, L had completed L’s transfer registration on the ground of sale to M on June 30, 1998 on the ground that L’s 560/1801 shares out of the instant land were sold to M; the remaining shares were transferred to 8 persons, such as Nonparty N andO.

(2) On June 24, 2002, L 5 L obtained approval for the use of the building of this case on June 24, 2002, registered the preservation of the total of 16 households including the building of this case in its name on July 16, 2002, and includes the building of this case on the same day.

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