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(영문) 인천지방법원 2019.11.22 2018나62068
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall be from November 16, 2016 to the plaintiff with a size of 486 square meters in racing-si.

Reasons

1. Facts of recognition;

A. The Defendant completed the registration of ownership transfer on March 22, 200 with respect to the instant land on March 22, 200. (2) The Defendant completed the registration of ownership transfer for reasons of sale on May 25, 2006 to F on May 4, 2006. Since F’s death, G completed the registration of ownership transfer for reasons of sale on May 4, 2006.

3) The Defendant purchased the instant land again from G on August 8, 2011 and completed the registration of ownership transfer on August 9, 201. On the same day, the Defendant completed the registration of creation of a mortgage with the maximum debt amount of KRW 200,000,000 to H unions (hereinafter “instant collateral security”).

(4) Subsequent to August 25, 2014, upon the application of a collective security association, which is a collective security right holder, the Daegu District Court and its racing-supporting D voluntarily auction procedure was commenced (hereinafter “instant auction procedure”). The Plaintiff paid the instant land as the highest price purchaser on November 16, 2016 and completed the registration of ownership transfer on November 17, 2016.

B. 1) On the copy of the register of the building where the instant land is located, the copy of the register of the building where the instant land is located, the lower court determined that the instant land owned by the Defendant after completing the registration of ownership transfer on March 22, 2000 and the lower court’s 28.2 square meters of a single-story housing unit (hereinafter “Gu building”).

(2) According to the appraisal conducted at the instant auction procedure, the building was destroyed and lost as at September 23, 2014. On the ground of the instant land, there are 228.7 square meters in store units and 5.9 square meters in the boiler room at the board of a board of a board of a board of a board of a board of a board of a board of a board of a building of this case (hereinafter referred to as the “instant building”), and there was no building register or register with respect to the instant building.

3 The location of the building of this case is marked with the indication of the attached drawing.

C. The defendant's possession.

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