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(영문) 광주지방법원 2019.10.24 2018가합58146
건물등철거
Text

1. The defendant shall be the plaintiff.

(a)in the underground and above ground of the land indicated in the separate sheet, indication 1.1.

Reasons

1. Basic facts

A. The Defendant: (a) was a company that had conducted a project to build multi-family housing in each land listed in the separate sheet (hereinafter collectively referred to as “instant land”); and (b) the C Co., Ltd. (hereinafter referred to as “C”) received a supply of the said construction work from the Defendant.

On April 25, 2016, the Plaintiff supplied sewage to 3.2 billion won of reinforced concrete construction among the above construction works.

B. The Defendant received a decision to commence rehabilitation procedures on March 7, 2017 after filing an application for commencing rehabilitation procedures with the Gwangju District Court, but rendered a decision to discontinue rehabilitation procedures on July 7, 2017.

(B) On the ground of the instant land, No. 1 of the order which was constructed on the ground of the instant land, in the report of investigation prepared under the above rehabilitation procedure

(a)bed;

The supervision process ratio of each building listed in the subsection (hereinafter collectively referred to as the "each building of this case") stated 40%, the value of which is 4.6 billion won, and the construction has been suspended in the state of completion of the said building at least columns, roofss, and main walls.

C. On August 9, 2018, the instant land was sold to the Plaintiff through the voluntary auction procedure (Seoul District Court YAD), and on August 30, 2018, the registration procedure for transfer of ownership was completed in the Plaintiff’s name.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Parts demanding removal of buildings and delivery of land;

A. The fact that the Plaintiff is the current owner of the instant land, and the fact that each of the instant buildings was completed at the time when the construction of the instant building was suspended, as seen earlier, at the time of the suspension of construction. The fact that each of the instant buildings was owned by the Defendant is no dispute between the parties, and thus, the Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff, barring special circumstances.

B. Determination on the defense 1) The instant building is each of the instant buildings on the instant land.

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