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1. The Defendant indicated in the annexed drawing No. 1, 2, 3, 4, 5, 6, among the land size of 625 square meters in Magpo-ri, Mapo-ri, U.S. Mapo-ri, U.S., Mapo-ri, U.S.
Reasons
1. Facts of recognition;
A. The Plaintiff is currently owner of the area of 272-10 square meters in Magpo-ri 272-10 square meters and 272-137 square meters in each of the instant land (hereinafter “each of the instant land”), and the Defendant is the owner of each of the instant land.
B. On February 10, 2010, the Defendant took out a loan of KRW 534 million from the New Soan Saemaeul Community Depository. As to each of the instant lands owned by the Defendant at that time, the Defendant completed the registration of creation of superficies in the name of the above safe, for which the maximum debt amount is 295,00,000, and the duration of the establishment registration of a neighboring mortgage in the name of the above safe was 30 years from the date of registration of the creation.
C. On April 2, 2010, the Defendant approved the use of superficies on each of the instant land by the Defendant for the construction of a new building. On June 4, 2010, the Defendant obtained each construction permit on the instant land, which was located on each of the instant land, which was located on the ground of the instant land, from Daan-gun, Seoan-gun, and completed each construction permit on the fourth floor of reinforced concrete slab roof (multi-household housing; hereinafter “each of the instant buildings”).
However, each new construction work has been suspended due to the financial standing of the defendant around August 2013 when about 70% of the total progress. D.
With respect to each land of this case, the former District Court of Jeonju and Jong-Eup A voluntarily auction procedure was conducted, and the Plaintiff was awarded a successful bid of each land of this case in the above procedure and completed the registration of ownership transfer in the name of the Plaintiff on March 31, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 (including each number, hereinafter the same shall apply), Eul evidence 1 to 3, and the purport of the whole pleadings
2. On the Plaintiff’s assertion, the Plaintiff seeks removal of each of the instant buildings and delivery of each of the instant lands against the Defendant.
According to the facts acknowledged above, the defendant owned each of the buildings of this case on the ground of each of the land owned by the plaintiff, and exercised the plaintiff's ownership.