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(영문) 광주지방법원 2015.01.30 2014나5766
건물철거 등
Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Appointed Party) is the Plaintiff, KRW 150,785,127, and KRW 127.

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on the instant land on August 11, 1999, which was based on the sale as of August 17, 1994 by the Gwangju District Court Decision No. 29208, which was received on August 17, 1994.2) G, the Defendant’s former domicile, completed the registration of ownership transfer on August 11, 199 as to the instant land as of August 11, 199 by the Gwangju District Court Decision No. 29209, July 9, 1997.

3) On August 12, 199, the Plaintiff completed the registration of ownership transfer on the instant land as Gwangju District Court’s receipt No. 29398, July 15, 1999. (B) The Defendant newly constructed the instant building on the instant land, and completed the registration of ownership preservation on August 4, 1997 as the receipt of the Gwangju District Court’s receipt on August 4, 1997.

2) On September 5, 1997, G completed the registration of transfer of ownership on the instant building by reason of donation from the Gwangju District Court received No. 32747, Sept. 4, 1997, as to the instant building. 3) The Appointor D purchased the instant building on December 15, 200 in the procedure for the auction of real estate rent (hereinafter “instant auction procedure”) conducted at the Gwangju District Court H on December 15, 200, and completed the registration of transfer of ownership as to the instant building under Article 498 of the Gwangju District Court received on January 8, 201.

4) On February 17, 2005, I completed the registration of transfer of ownership on the instant building on the ground of sale as of January 10, 2005, the Gwangju District Court Decision 5915, the Plaintiff completed the registration of transfer of ownership on the ground of sale as of January 10, 2005. (5) The Defendant completed the registration of transfer on the instant building on the ground of sale as of May 24, 2010 by the Gwangju District Court No. 84871, Apr. 28, 2010.

C. The Selected C leases the first shop in this case, the Selection D, and E, the second shop in this case, and the Selection F, respectively, from the Defendant, respectively, and occupies and uses the third shop in this case by the date of closing argument in the trial.

The appraised value of the instant land during the period from May 25, 2010 to February 24, 2014 shall be 50.

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