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(영문) 수원지방법원 2017.01.19 2015가단143757
건물등철거
Text

1. The Plaintiff:

A. From October 12, 2015 to October 12, 2015, Defendant B indicated in attached Table 1, 2, 3, and 5.

Reasons

1. Basic facts

A. On January 20, 1987, Defendant B completed the registration of ownership transfer based on sale on January 17, 1987, as to the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the annexed Table No. 2 (hereinafter “instant building No. 1”), which is its ground.

On August 25, 198, an Osan-unit agricultural cooperative completed the registration of creation of a neighboring agricultural cooperative consisting of the maximum debt amount of KRW 15 million with respect to the instant land and building; Defendant B, the mortgagee of the right to collateral security; and thereafter, filed an application for the auction of the instant land to Suwon District Court E, which was the junior mortgagee of the right to collateral security, and the said court rendered a voluntary decision to commence the auction of the instant land on August 14, 2014.

On October 12, 2015, the Plaintiff sold the instant land during the voluntary auction procedure and completed the registration of ownership transfer on the same day.

B. On the ground of the instant land, there are buildings listed in attached Form No. 3 (hereinafter “instant building”) other than the instant building. As to the instant building No. 2, F completed the registration of ownership preservation on July 5, 2004, and Defendant C completed the registration of ownership transfer on July 17, 2015 with respect to the instant building on the ground of sale and purchase on July 15, 2015.

C. Defendant B, while owning the instant building 1, possesses part of 301 square meters in the attached Form No. 21, 22, 6, 7, 23, 24, 25, 26, 27, 28, 29, 32, 33, 18, 19, and 11 among the instant land for the purpose of maintaining and using the said building. Defendant C occupies the part of 301 square meters in the ship connecting each point of 1, 2, 200 square meters in sequence among the instant land (hereinafter “the part of possession of the instant case”). Defendant C, while owning the instant building 2, owns the instant building, owns the instant building and owns the instant building 301 square meters in the attached Form No. 21, 22, 6, 7, 23, 24, 26, 28, 29, and 21.

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