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(영문) 대전지방법원천안지원 2017.06.28 2016가단101187
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Annex 2;

(b) Appendix 1.

Reasons

1. Facts of recognition;

A. C, on August 28, 2013, completed the registration of ownership transfer on the real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”) due to sale and purchase, and on January 22, 2015, the real estate auction procedure was initiated on the instant land.

(D) Daejeon District Court Branch D, hereinafter “instant land auction”). B.

E, which was newly constructed on the instant land on February 5, 2015, registered the preservation of ownership as to the real estate listed in attached Table 2 (hereinafter “instant building”), and on April 8, 2015, the procedure for compulsory auction of the instant building was initiated on April 8, 2015.

(F) the Daejeon District Court's astronomical Branch F, hereinafter "the auction of the building in this case").

On September 7, 2015, the Plaintiff purchased the instant land to KRW 400,100,000 (amounting to KRW 281,840,200) in the instant land auction procedure, paid in full the sale price, and completed the registration of ownership transfer in the name of the Plaintiff on the following day.

On September 17, 2015, the Plaintiff filed a lawsuit against E seeking the removal of the instant building, etc., and submitted a written opinion to the instant building auction court stating that “The Plaintiff has filed a lawsuit seeking the removal of the instant building, and thus, it is necessary to publicly announce such fact to the bidder.”

E. On November 9, 2015, the fourth sale date, which was the fourth sale date, when the Plaintiff had had an intention to purchase the instant building in the instant building auction procedure, but failed to make a bid, three parties, including Defendant, G, and H, were bided. The Defendant received a decision of permission for sale as the highest bidder on November 16, 2015.

F. On December 15, 2015, the Defendant paid in full the sales price of the instant building KRW 277,770,000 (an appraised amount of KRW 602,19,600) and completed the registration of ownership transfer under the name of the Defendant on December 21, 2015.

[Ground of recognition] A without dispute, Gap evidence 1, 2, 3, Eul evidence 4-1 through 3, Eul evidence 2, Eul evidence 6-1 through 16, Eul evidence 7-5, 6, 7, 17-21, 23-23.

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