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(영문) 대구지방법원 2019.02.12 2017가단134093
건물등철거
Text

1. Defendant E Co., Ltd.: (a) is one thousand eight hundred and eight hundred eight-five square meters for the Plaintiffs; (b)

(a) the annexed Form 2 Map 17 to 26.

Reasons

1. Facts of recognition;

A. Since Non-party I completed the transfer registration for shares of 596/158 of 1580 of the 15840 square meters in Daegu Northern-gu (hereinafter “instant land”) due to the sale on the same day on June 17, 2013, Non-party I shared the shares of I, J and the plaintiffs at the following shares without any change in ownership and shares until now.

J Plaintiff A, Plaintiff B, C, and D 302.71/53856 14161,29/53856, respectively 2363/5856

B. On December 10, 1976, after completing the registration of transfer of ownership in the name (hereinafter “registration of transfer in the name of K”), K, who was the owner of the instant land, has built a new register of 322 square meters for neighborhood living facilities of 322 square meters (the same as the registration on the list of real estate attached Form 1: the same as the registration on the list of real estate), which connects each point of 27 through 30,27 square meters in the fifth part of the instant building (hereinafter “the instant building”) and connects each point of 5 square meters in order to install a septic tank of 322 square meters in the same area among the instant land (hereinafter “the instant building”).

C. However, the registration of transfer in the name of K was cancelled on July 22, 1999 as the Daegu High Court Decision 95Na932 delivered on October 15, 1997, stating that the registration of transfer in the name of K was null and void.

After February 27, 2003, the registration of transfer of ownership in the name of L Co., Ltd. was completed on the building of this case, and the registration of transfer of ownership in the name of Defendant E was completed on July 23, 2013 on the ground of the "sale due to voluntary auction" on July 16, 2013.

E. Since the completion of the transfer registration under Defendant E’s name on July 23, 2013, the part on the ship 1,2,3,3, 14, 15, 16, 10, 11, 12, and 1 of the instant land among the instant land during the period from the date of closing the argument of the instant case, shall be as follows: 1, 2, 2, 3, and 4.

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