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(영문) 춘천지방법원원주지원 2015.05.14 2014가단9129
건물철거 및 토지인도
Text

1. The defendant remove the buildings listed in the attached list to the plaintiffs, and deliver the land to the plaintiffs.

2...

Reasons

1. Basic facts

A. On September 9, 1997, the Plaintiffs purchased 10,000 square meters of land for H farm in Gangwon-gun H farm in Gangwon-gun (hereinafter referred to as “a lot index”) from G on September 9, 1997 and completed the registration of ownership transfer as 11635 of receipt on September 19, 197.

(Co-ownership shares: Plaintiff A 4298/1000, B 1653/1000, C 1600/1000, D 796/10000, E 1653/10000) Thereafter, H land was divided into I, J, and K land, and the size of H land after division is 148 square meters.

B. L leased the above land from G where the owner of H land, and constructed a building indicated in the attached list (hereinafter “instant building”) on the said ground. As to the instant building, L completed the registration of ownership preservation by the Chuncheon District Court No. 10581, Nov. 21, 1994.

C. On March 3, 2004, Plaintiff A, B, and E purchased the instant building from G and completed the registration of ownership transfer as the recipient No. 3255 on March 10, 2004 by purchasing the instant building from G.

However, on March 3, 2004, prior to the purchase by Plaintiffs A, B, and E as above, the provisional attachment registration in the name of M was completed. On November 13, 2009, when the provisional attachment was implemented as of November 13, 2009, the Defendant awarded the instant building in the auction procedure, and the Defendant completed the registration of ownership transfer as to the instant building on September 2, 201.

Accordingly, the registration of the transfer of ownership on March 10, 204 was cancelled.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3

2. According to the above facts, the defendant owned the building of this case on H-owned land, which is the land owned by the plaintiffs, and the defendant is obligated to remove the building of this case to the plaintiffs as an exclusion of interference with the plaintiffs' ownership, and deliver the building of this case to H-owned land the site of this case 904m27m2.

Additional studies are examined.

First of all, the defendant may refuse to remove the building and deliver the land.

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