logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.11.27 2014나13503
건물철거 등
Text

1. All appeals filed by the Defendants, the Intervenor J and K are dismissed.

2. The costs of appeal are assessed against the Defendants and the Defendants.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land listed in the separate sheet No. 4 (hereinafter “instant land”). Defendant C, D, F, the Intervenor J, and K are the sectional owners of multi-household houses listed in the separate sheet No. 1 attached to the instant land (hereinafter “instant building”), and Defendant G occupies B-dong 301 among the instant buildings.

B. On January 28, 1969, the registration of ownership transfer as to the instant land and building was completed, Nonparty L obtained the registration of ownership transfer as to the instant land on August 1, 1995, and obtained the construction permission for the instant land from the 4th floor size and the 16 household units on August 13, 1995, and L commenced construction on August 13, 1995. 2) L borrowed money from Nonparty M on March 26, 1997 to secure that date, borrowed money from Nonparty M on March 26, 1997 to secure that date, and completed the registration of ownership creation as to the instant land with the maximum debt amount of KRW 240,000,000 and M-mortgage as the mortgagee.

(B) On the other hand, L, on June 30, 1998, completed the registration of ownership transfer on the ground of sale to M, while L, on the other hand, on the other hand, on June 30, 1998, on the other hand, on the other hand, on the land of this case, on the other hand, on the other hand, on the part of M, on the other part of Non-Party N,O, etc., on the other hand, on the building of this case. L, upon approval for use on June 24, 2002, completed the registration of ownership transfer on the ground of sale under its name on July 16, 202.

5) On February 20, 2004, the registration of the entry of the decision on compulsory commencement of auction was made on February 20, 2004 with respect to the O shares in the instant land, and on June 5, 2004, the entry of the decision on voluntary commencement of auction (including O shares) on June 5, 2004 with respect to the remaining shares (including shares in the instant land) other than M shares in the instant land. The above auction procedure was also conducted

M shall pay the sale price of the above auction procedure on September 21, 2005, and shall be a compulsory auction on August 23, 2006 for all remaining shares other than M shares among the land of this case.

arrow