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(영문) 수원지방법원 2019.11.27 2018나82175
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

For the plaintiffs, the defendant

(a)a list on the F Ground of Gyeonggi-si;

Reasons

1. Determination as to the cause of claim

A. 1) The Defendant is the Gyeonggi-do Yangyang-gun E, Gyeonggi-do (hereinafter “instant land”).

(1) The Plaintiff completed the registration of ownership transfer on the ground of sale on May 20, 209, and completed the registration of ownership transfer on the ground of sale on May 20, 200; and the Plaintiff’s Republic of Korea’s Republic of Korea’s Republic of Korea

(2) After completing the registration of ownership transfer on April 9, 2010 with respect to each of the instant buildings listed in the separate sheet (hereinafter “each of the instant buildings”), the Defendant newly constructed each of the instant buildings listed in the separate sheet and completed the registration of ownership preservation on December 6, 2012. Each of the instant buildings is deemed to exist in each of the instant building and each of the instant buildings used on the ground and each of the instant buildings located in the separate sheet (hereinafter “each of the instant buildings”). Each of the instant buildings is deemed to exist in the order of 115 square meters among the instant buildings listed in the separate sheet (hereinafter “each of the instant buildings”). Each of the instant buildings is deemed to exist in the order of 18, 19, 21, 23, 24, 26, 27, 28, 29, 30, 30,000 square meters among the instant land listed in the separate sheet (hereinafter “each of the instant buildings”).

Each of the buildings of this case is indicated on the general building ledger as "the lot number of the site" in Gyeonggi-do, and on the register of real estate register as "the Gyeonggi-do, Yangyang-gun E and F", but actually exists only on the ground of Gyeonggi-do, Yangyang-gun, Gyeonggi-do (the land of this case).

3) As to the land of this case Nos. 1 and 2, on June 3, 2016, a decision to commence a voluntary auction was made to operate a branch court of Suwon District Court G, and the Plaintiffs, at the above auction procedure on May 10, 2017, acquired one-half shares of the instant Nos. 1 and 2, and completed the registration of ownership transfer by acquiring one-half shares of each of the instant land at the auction procedure on May 10, 2017.

B. According to the above facts of recognition, the defendant owned each of the buildings of this case, which is its site.

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