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(영문) 의정부지방법원고양지원 2015.04.01 2013가단38421
건물철거 등
Text

1. The Defendants: (a) are not less than 1,940 square meters of land for the E-site at the time of strike to each Plaintiff;

(a)for each of the annexed drawings No. 7, 8, 9, 10, 7;

Reasons

1. Basic facts

(a) F was newly built, on July 24, 1993, one story E, G ground light steel-frame structure, single-story welfare facilities ( Dormitory) 203.52 square meters, ② H, J, and K ground light steel-frame structure, one story factory (former-gu manufacturing business), three hundred and forty-five square meters in factories (former-gu manufacturing business) of L, M, N,O, P ground light steel-frame structure, one story (former manufacturing business), 199 square meters in one story factory (former manufacturing business), four hundred and forty-five square meters in one story in one story (former manufacturing business), fourth in a two-party light steel-frame structure, one steel-frame structure, and one welfare facility (former keeping business) 230.5 square meters in one story in Q ground; and each approval for use was granted on July 24, 1993;

B. R, S, and Defendant B received a joint bid of each of the above buildings on May 15, 1996 and completed the registration of ownership transfer for each of 1/3 shares on May 7, 1997.

After that, R on February 13, 1997, sold 1/3 of the above buildings to Defendant D and sold the same year.

7. 18. The registration of ownership transfer was completed in Defendant D’s name, and S sold 1/3 shares of each of the above buildings to Defendant C on August 3, 1997, and the same year.

9. 29. The registration of ownership transfer was completed in Defendant C’s name.

C. On May 4, 1995, Defendant B purchased 376m2 (hereinafter “pre-mergered land”) from T on the 19th of the same month, and completed the registration of ownership transfer on the 19th of the same month.

On October 22, 1997, the land before the said annexation became 1,940 square meters of land E in consequence of the merger with H, I, J, M, M, N, andO (hereinafter “instant land”). D.

On the other hand, on July 13, 1995, the maximum debt amount of 300 million won, the debtor Jupll Industrial Co., Ltd. (after that, the defendant D and the Central Sales Group Industrial Co., Ltd. were changed in sequence), and the registration of establishment of a collateral security to be a compulsory fishing industry corporation, has been completed in the order of priority.

E. On September 4, 2013, the Plaintiff paid the sale price at the auction procedure of Goyang-dong U.S., which was based on the above right to collateral security, and completed the registration of ownership transfer on the 26th of the same month.

【Ground of recognition” has no dispute, Gap evidence Nos. 1, Eul Nos. 1 through 7, 10, and 11.

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