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(영문) 서울남부지방법원 2017.08.25 2016가단30597
가건물등 철거 및 토지인도
Text

1. Defendant K:

A. The land survey appraisal in attached Form 47, 48, and 48 are indicated on the part of 959 square meters among the 959 square meters N, Chungcheongnam-gun N, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Basic facts

A. 4,933 square meters (hereinafter “instant land before the instant subdivision”) prior to the subdivision was originally owned by Defendant K. However, on June 16, 2016, the ownership transfer registration was completed in the Plaintiff’s future on June 22, 2016.

B. On August 11, 2016, the instant land before the instant lawsuit was pending, was divided into 959 square meters, 959 square meters prior to the date of the instant lawsuit, P, 371 square meters prior to the date of the instant lawsuit, Q, 1,322 square meters prior to the date of the instant lawsuit, 661 square meters prior to the date of the instant lawsuit, and 661 square meters prior to the date of the instant lawsuit (hereinafter referred to as “instant land”).

C. Of the instant land, the ownership transfer registration was completed on August 19, 2016 with respect to the Plaintiff’s succeeding intervenor A on August 19, 2016 with respect to the 959 square meters prior to Chungcheongnam-gun N, Chungcheongnam-gun, and the ownership transfer registration was completed on August 29, 2016 with respect to the 959 square meters prior to the date. The Plaintiff’s succeeding intervenor B and C on August 29, 2016 with respect to the 371 square meters prior to the date of P, the ownership transfer registration was completed on August 19, 2016 with respect to the 1,32 square meters prior to Q, the Plaintiff’s succeeding Intervenor E, F, G, and H on August 19, 2016, the ownership transfer registration was completed on August 19, 2016 with respect to the 661 square meters prior to R, and the ownership transfer registration was completed on August 19, 2016.

한편, 이 사건 토지들 지상에는 원고가 이를 경매절차에서 취득하기 이전부터 피고 K 소유의 가건물 등이 존재하고 있었는데, 구체적으로는 충남 태안군 N 전 959㎡ 중 별지 측량감정도 표시 47, 48, 49, 50, 47의 각 점을 순차로 연결한 선내 ㉮ 부분에는 목조함석지붕 창고 6.4㎡가, 같은 도면 표시 51, 52, 53, 54, 51의 각 점을 순차로 연결한 선내 ㉯ 부분에는 철파이프조천막지붕 창고 23.6㎡가, Q 전 1,322㎡ 중 별지 측량감정도 표시 55, 56, 57, 58, 55의 각 점을 순차로 연결한 선내 ㉴ 부분에는 경량철조샌드위치판넬지붕 창고...

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