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(영문) 의정부지방법원 고양지원 2018.10.11 2017가단87544
건물등철거
Text

1. The Defendants are each indicated in the separate sheet No. 16, 17, 18, 23, and 16 among the land size of 5,150 square meters in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu.

Reasons

1. Basic facts

A. On May 10, 2012, the registration of entry into the auction procedure was completed on May 10, 2012 with respect to the forest land 61,461 square meters of F forest land in Gyeyang-gu, Gyeyang-gu and G forest land 34,909 square meters (hereinafter “the forest land in this case before division”) under the name of Nonparty E, and the registration of voluntary commencement of auction procedure was completed on October 9, 2012, while the auction procedure was in progress pursuant to the above commencement order, the registration of voluntary commencement of auction procedure was completed on April 4, 2013 (hereinafter “instant second commencement order”), and the registration of voluntary commencement of auction procedure was conducted on April 4, 2013 (hereinafter “instant third commencement order”).

(Consolidated Voluntary Auction Procedure was conducted by the first ruling to commence the first auction of this case. On June 13, 2014, when the ruling to commence the first auction of this case was revoked, the procedure continued upon the ruling to commence the second auction of this case).

On the other hand, on December 18, 2012, E had completed the registration of ownership transfer in the future on the grounds of sale on the same day with respect to the forest land of this case prior to the said auction procedure and the forest land before the division.

C. On April 30, 2014, Defendant C submitted a lien report to the auction court to the effect that “in the course of construction works, access roads to the burial site and parking lots with respect to the forest land of this case prior to the completion of the construction works, and there are claims worth KRW 258 million for the construction expenses” and submitted a standard subcontract agreement for construction works as stated on September 30, 2014, which was concluded with the non-party church with the non-party church as of April 1, 2014.

On July 25, 2014, the forest of this case was divided into 5,150 square meters in the forest of this case before the division, and was transferred to D forest (hereinafter “the forest of this case”).

E. Defendant B’s “Defendant B” at an auction court on August 1, 2016 is subject to E around 2011.

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