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(영문) 울산지방법원 2015.02.04 2014나3986
건물철거 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 27, 1989, the Defendant completed the registration of ownership transfer on the instant land and on the instant land and on the instant land wooden tank 21.98 square meters, 21.98 square meters, string string string roof, 16.38 square meters, 16.38 square meters, 28.79 square meters, 28.79 square meters (hereinafter “instant old building”).

B. On February 12, 2013, at the creditor's request of the creditor's upper North Korean Agricultural Cooperative (hereinafter "Seoul Agricultural Cooperative"), the procedure of voluntary auction (hereinafter "voluntary auction of this case") was initiated, and C was awarded a bid on February 12, 2013, and the registration of ownership transfer was completed on February 4, 2014.

C. As the joint mortgage on the instant land and the previous building, each of the following items was completed with the registration of the establishment of a mortgage on each of the following items.

The contract concluded on January 8, 2001, which was concluded on January 8, 2001 by the mortgagee of the right to collateral security (the grounds for extinguishment) and the amount of debt on March 11, 2004, shall be KRW 112 million on March 4, 2004; the sale of KRW 30,000,000 from the voluntary auction on March 28, 201, KRW 300,000,000,000,000,000,000,000 won; and the voluntary auction contract concluded on March 28, 2013 due to the sale on May 29, 2007, KRW 68 million E on October 31, 2007, KRW 308,000,000,000,000,000 for sale on March 31, 2005; and

D. The Defendant owned the instant building (unregistered shows) on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, Eul evidence 1-1, Eul evidence 1-2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant occupied the land of this case while owning the building of this case. Thus, barring any special circumstance, the building of this case is demolished to the plaintiff.

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