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(영문) 대전지방법원 2014.08.22 2013나14925
건물명도 등
Text

1. The plaintiff's appeal against the defendant (appointed party) and the appointed party is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. In the first instance court, the Plaintiff sought delivery of each building and return of unjust enrichment as stated in the separate sheet Nos. 2 and 4 to the Defendant and the designated parties. The first instance court accepted the request for delivery of the building as stated in the separate sheet No. 2 among them, cited part of the claim for return of unjust enrichment, and dismissed the remainder of the claim.

Therefore, since only the plaintiff appealed against the part against the plaintiff, this Court's decision is limited to the claim for delivery of building and the claim for restitution of unjust enrichment as stated in attached Table 4.

2. Basic facts

A. On December 20, 2010, the Plaintiff paid in full the sales price and purchased each real estate listed in the separate sheet Nos. 1 through 3 in the joint ownership of the Defendants under the procedures for the compulsory auction of F real estate F in Seosan District Court (hereinafter “instant procedures for compulsory auction”).

B. Meanwhile, on the ground of the land listed in paragraph (3) of the attached list, four unauthorized buildings (each building listed in Paragraph (4) of the attached Table) without permission, which had been owned by the network G are located on the ground of the land listed in paragraph (3) of the attached list, according to each image of photographs attached to the franchise appraisal report compiled in the records, each building listed in paragraph (4) of the attached list is likely to be set up on the rooftop of the building listed in paragraph (4) of the same list;

The deceased on June 28, 200, and the deceased on June 28, 200, the defendant C, the selected party B, the selected party D, and E were co-inheritors.

C. The Defendant and the designated parties occupy each building listed in [Attachment 2 and 4].

[Ground of recognition] Facts without dispute, Gap evidence 4-1 and 2, the purport of the whole pleadings

3. Determination on the part requesting a building

A. The plaintiff's assertion that ① Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd.") is the creditor applying for the procedure for compulsory auction of this case shall include each of the buildings listed in attached Table 4 (hereinafter "building outside the presentation of this case") in the objects of auction, which are buildings not presented.

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