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(영문) 수원지방법원 2018.04.12 2017나65463
건물등철거
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Facts of recognition;

A. N in Sung-si, N in 331 square meters (hereinafter “instant land”) is the land owned by O.

P around January 1, 1991, intended to build a multi-household house on the land of this case, the construction work began from around that time to around that time.

B. P, on April 6, 191, withO as the owner of the building, newly constructed a multi-household house with the fourth and eight household units above the instant land (hereinafter “instant loan”) on the instant land, and subsequently, Q as the constructor, had Q perform the new construction work.

C. On the other hand, on May 18, 191, the registration of the establishment of the right to collateral security under the name of National Agricultural Cooperative Federation was completed, and on September 6, 1991, the registration of the establishment of the right to collateral security under the name of R was cancelled on the same day.

On September 191, 191, the construction of the instant Ba was completed by the firstman, and P sold or leased each of the households of the instant Ba, which was newly built on behalf of the O.

Accordingly, from around that time, people who sold or leased the instant loan began to move into the instant loan loan.

However, the loan of this case was not registered in the building ledger, and the loan of this case did not complete registration of preservation of ownership and remains now.

E. On December 26, 1992, upon the R’s request, the decision to voluntarily commence the auction on the instant land was rendered.

With respect to the land of this case, the registration of transfer of ownership was completed in the name of Dong city Development Corporation on February 10, 1993, and on April 9, 1993 under the name of Dong city Development Corporation, and on May 18, 1993, the registration of transfer of ownership was completed on April 7, 1993.

As to the land of this case, the registration of ownership transfer in the name of U on July 30, 1994, and the registration of ownership transfer in the name of V on March 16, 2004 was completed, and on September 29, 2014, the registration of ownership transfer in the name of the plaintiff was completed and reached the present.

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