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(영문) 서울북부지방법원 2021.01.21 2019가합25824
건물철거 등 청구의 소
Text

1. The defendant removes each building listed in the separate sheet No. 2 attached hereto to the plaintiff, and deliver the land listed in the separate sheet No. 1 to the plaintiff on February.

Reasons

1. Facts of recognition;

A. On December 4, 2015, the Defendant completed the registration of the transfer of ownership on October 21, 2015 with respect to the land listed in the attached Table 1 (hereinafter “instant land”) and the building listed in the attached Table 3 (hereinafter “former building”) as indicated in the attached Table 1 (hereinafter “instant land”). On the same day, the Defendant completed the registration of the establishment of joint collateral security (joint collateral security) with respect to the instant land and the instant building as the debtor, the Defendant, the maximum claim amount of KRW 96 million, and the neighboring mortgagee C association.

B. On December 4, 2015, D Co., Ltd. completed the registration of transfer of ownership on the instant land and the instant building on December 4, 2015.

(c)

After that, the Defendant removed the previous building of this case and newly built each building on the ground of the instant land listed in attached Table 2 (hereinafter “each building of this case”). On January 12, 2017, the registry of the previous building of this case was closed on the ground of the destruction of the previous building of this case.

On July 1, 2016, each of the buildings of this case newly built by the defendant was registered to preserve ownership in the name of the defendant upon entrustment of registration of compulsory decision of commencement of real estate auction.

(d)

The Plaintiff completed the registration of transfer of ownership on July 8, 2019 on the instant land on June 25, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5 (including branch numbers) and the purport of the whole pleadings

2. Determination as to a request for removal of buildings and delivery of land

A. According to the facts of recognition as to the cause of the Plaintiff’s claim, the Defendant owned each of the instant building located on the ground of the instant land owned by the Plaintiff and occupied the instant land. Therefore, barring any special circumstance, the Plaintiff is obligated to remove the instant building and deliver the instant land to the Plaintiff, barring any special circumstance.

B. The defendant's defense 1) The main purport of the defense is to remove each of the buildings of this case from the plaintiff and the land of this case since the defendant acquired the business district where the law was suspended for each of the buildings of this case.

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