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(영문) 광주지방법원 2015.07.03 2014가합9061
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) indication 1, 2, 3, 4.2 of the accompanying drawings on each land listed in the separate list of real estate;

Reasons

1. Basic facts

A. On September 14, 2010, the Defendant completed the registration of ownership transfer under the name of each of the Defendant on February 24, 2011, the registration of ownership transfer under the name of each of the respective Defendant was completed as of February 24, 2011 with respect to each of the lands listed in the separate sheet No. 11018 received on September 14, 201, and the respective lands listed in paragraphs 2 and 3 of the aforementioned list (hereinafter “each of the instant lands”), as to each of the instant lands listed in the separate sheet No. 1710 received.

B. On December 16, 2010, the Defendant concluded a contract for construction works for the construction of multi-family housing (hereinafter “instant construction contract”) with the Interest Reconstruction Co., Ltd. on the instant land by stipulating that “the construction cost is KRW 2.97 million, the date of commencement, December 16, 2010, and June 16, 201,” after obtaining a construction permit to construct common housing on each of the instant land.

C. Around that time, the interest ar Construction Co., Ltd. commenced new construction of a building pursuant to the instant construction contract on each of the instant land pursuant to the instant construction contract, and suspended construction work while proceeding with the entire structural frame construction of the first floor, roof construction, and some windows.

Until the discontinuance of the construction is completed, the buildings that the interest-based construction corporation completed the construction shall be as indicated in the attached drawings 1,2, 3, 4, 5, 6, 7, 8, 9, 9, 8, 8, 8, 840.2m of reinforced concrete structure, 840.2m of 1st floor of the 1st floor of the 1st floor of the 1st floor (hereinafter referred to as the “instant building”) connected each point in sequence 1, 2, 3, 4, 5, 6, 7, 7, 9, 1, 1, and 1,

E. On June 21, 2011, the voluntary decision to commence the auction procedure was commenced as to each of the instant lands to the Gwangju District Court Mapo-Support A, and the Plaintiff purchased each of the instant lands on February 21, 2012 and acquired ownership of each of the instant lands by full payment of the sales price, in the said auction procedure.

[Ground of Recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including the serial number) and appraiser B.

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