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(영문) 서울중앙지방법원 2018.01.18 2016가합1682
건축물철거
Text

1. The Defendants remove the buildings indicated in the attached list with respect to each of 1/6 shares to the Plaintiff, and Gangnam-gu Seoul E.

Reasons

Basic Facts

The Defendants, F, and G shared at the ratio of 94.48/9/90 of the shares of each 566.9 square meters in Gangnam-gu Seoul E-gu (hereinafter “instant land”).

The Defendants, F, and G obtained a construction permit jointly on February 7, 2002, and thereafter began to construct an aggregate building with the size of the first and the sixth floor above the instant land. However, on November 30, 2003, the construction work was suspended in a state where the structural construction, such as columns, outer walls, and ceilings, was completed (47% of the base height) on the instant land.

The current status of an incomplete building shall be as shown in the attached Table.

The Plaintiff purchased each of the above shares during the compulsory auction procedure at the Seoul Central District Court H District Court HH District Court with respect to Defendant A, B, F, and G’s respective shares (total shares 377.92/56.9) from among the instant land, and paid in full the sale price on April 29, 2010.

The Plaintiff purchased the shares in a voluntary auction procedure with respect to Defendant C’s share in the instant land, and completely paid the sale price on February 8, 2013. The Plaintiff purchased the shares in the compulsory auction procedure with respect to Defendant D’s share in the instant land, and completely paid the sale price on December 16, 2015.

Accordingly, the Plaintiff acquired all ownership of the instant land.

The Plaintiff was respectively transferred from F on October 10, 2014, and from G on September 2, 2015, the name of the building owner with respect to the said construction.

[Ground of recognition] The Plaintiff seeks to remove the buildings listed in the attached list (hereinafter “instant building”) by claiming the exclusion of interference based on the instant land ownership by the Plaintiff’s claim against the Defendants, based on the following: Gap’s evidence Nos. 1, 2, 5 through 8, 26, Eul’s evidence Nos. 1, 26, and Eul’s evidence Nos. 1, 26, and the

According to the above facts, the defendants, F, and G constructed the building of this case on the land of this case owned by the plaintiff and owned at the ratio of 1/6 shares, and they interfere with the plaintiff's exercise of land ownership of this case. Thus, the defendants removed the building of this case as to each of 1/6 shares to the plaintiff and removed the building of this case.

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