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(영문) 수원지방법원안산지원 2015.11.19 2014가단36726
건축물철거 등
Text

1. The plaintiff's main claim is dismissed.

2. The Defendants are to the Plaintiffs.

(a) annex E above ground of Ansan-si, Ansan-si;

Reasons

1. Facts of recognition;

A. On July 24, 2002, a mutual savings bank established a collateral security (the maximum claim amount of KRW 130,000,000) and superficies (the whole and duration of the land: 30 years from July 24, 2002; hereinafter the same shall apply) on the land owned by Defendant D, Gyeyang-gu, Ansan-gu E- 330 square meters of forest land (hereinafter “instant land”).

(hereinafter the above right to collateral security and superficies are “the instant right to collateral security,” and “the instant superficies”).

On December 22, 2010, the Suwon District Court filed an application for voluntary auction (hereinafter “instant auction”) against the instant land based on the foregoing collateral security (hereinafter “instant auction”).

C. At the instant auction procedure, the Plaintiffs acquired the ownership of the instant land (each co-ownership share 1/2) on the grounds of sale by voluntary auction on July 31, 2014, and completed the registration of ownership transfer regarding the instant land on the same day.

On the other hand, Defendant C obtained a building permit (F) on the ground of the instant land on March 20, 2002, and obtained a modified permit on February 20, 2007, on the ground of partial revision of the said building permit.

(hereinafter referred to as “instant building permit”) a building permit that has been granted after the said change was granted.

On the ground of the instant land, from around 2011, the new construction of a detached house was suspended based on the instant building permit.

F. After the plaintiffs acquired the land of this case by auction, the defendant D, in turn, posts a banner "the building of this case is owned by an individual building, the entrance box, the accusation box at the time of unauthorized entry, the contractor, and the back-to-date H, the main contractor of the structure of this case" on the part (B) structure of the part (C) structure of this case connected in order to each point of 12, 13, 14, 15, and 12 in the attached Form No. 12, 13, 14, 15, and 12 in the attached Form No. 8, 9, 10, 10, 11, and 8.

[Grounds for recognition] Nos. 1 and 3.

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