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(영문) 청주지방법원 2015.06.10 2014나12929
토지인도 및 건물철거 등
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. Defendant B removes the buildings listed in Section 2 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in attached Form 1 (hereinafter “instant land”); Defendant B is the owner of the building listed in attached Form 2 on the instant land (hereinafter “instant building”); and Defendant B is the owner of the building listed in attached Form 2 on the instant land; and Defendant C, D, and Defendant B possessed each of the relevant parts of the instant building under a lease agreement with Defendant C, D, and Defendant B.

B. 1) G newly constructed the instant building on the instant land owned by F and completed registration of ownership transfer on October 9, 193. As to the instant building, registration of ownership transfer was completed on March 29, 2004. 2) On the ground of inheritance on April 1, 2006, M with respect to the 3/45 shares out of the instant land in M M in the name of H, N,O, under the name of H, N,O, each of 1/5 shares in respect of 3/45 shares in the instant land, due to inheritance on April 1, 2002.

3) On September 11, 2007, Defendant B completed the registration of ownership transfer based on a compulsory auction with respect to H and M shares among the instant land, and the building of this case, and the registration of ownership transfer based on a sale due to a compulsory auction on November 30, 2007 with respect to each share of N andO out of the instant land, and on November 30, 2007, for each share of N andO out of the instant land, on November 30, 2007. 4) on November 20, 2012, the registration of ownership transfer based on sale was completed under the above I’s name with respect to each share of J and K out of the instant land. The registration of ownership transfer was completed on February 20, 2013 with respect to each share of L in the instant land.

5) After that, the auction procedure was conducted for partition of co-owned property according to the conciliation formed in the lawsuit on partition of co-owned property. In the above auction procedure, the Plaintiff paid the price to the Plaintiff on June 9, 2014, and on June 13, 2014, the sale of the instant land due to voluntary auction on June 9, 2014.

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