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(영문) 의정부지방법원 2017.08.23 2016가단30678
건물철거, 퇴거 및 토지인도
Text

1. The Plaintiff:

A. Defendant B, in the order of order, each of the items indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the 520 square meters in two weeks E in two weeks.

Reasons

1. Facts of recognition;

A. On the ground of 520 square meters in Yangju-si (hereinafter “instant land”), there were 52.32 square meters in a block structure and a branch roof housing (hereinafter “instant housing”).

B. At the time of May 7, 2013, the owner of the instant land and the housing were both F, and the said land and the housing were set up a maximum debt amounting to KRW 689 million with the joint collateral of the said land and the housing, and the debtor G’s right to collateral security (hereinafter “instant right to collateral security”).

C. After that, the instant land was transferred from F to Defendant B on the ground of sale as of January 14, 2014 on March 3, 2014.

Around May 2015, Jeondong Agricultural Cooperative applied for a voluntary auction of the instant land based on the instant collateral security, and thereafter, the District Court of Jung-gu District (I) rendered a successful bid in the procedure of voluntary auction (the duplicate of the I compulsory auction) and paid the sale price and acquired ownership on September 27, 2016.

E. However, considering the result of appraisal of the auction subject matter conducted in the proceedings for the I compulsory auction by the Jung-gu District Court, the instant house was already removed before January 30, 2015, while it is unclear, and only the steel-frame columns are assembled on the ground of the instant land between January 30, 2015 and February 3, 2015.

F. After that, the construction is carried out in addition to the columns of the said steel-frame structure, and the building of the steel-frame panel roof (a warehouse; hereinafter “the warehouse of this case”) was completed on each ground of part 182 square meters in part 1,2, 3, 4, and 5,6, 7, 8, 9, 10, and 5 in sequence connected with each point of 129 square meters in annexed drawings among the land of this case, which are connected with each point of 129 square meters in order.

G. The warehouse of this case is unregistered as an illegal building constructed without obtaining permission from the competent authorities. Defendant B has the authority to dispose of it, and Defendant C and Defendant D are granted the authority to use it from Defendant B.

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