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(영문) 광주지방법원해남지원 2015.12.22 2015가단639
건물철거 등
Text

1. Defendant C, D, and E shall remove each of the buildings listed in Section 3 of the separate sheet with respect to each of the two-nine shares to the Plaintiff, respectively.

Reasons

1. As to the claim against the defendant B

A. 1) On the land specified in paragraph 1 of the attached Table 1, the buildings listed in paragraph 4 of the attached Table 4 (hereinafter “the Gu building of this case”).

2) On August 29, 191, F acquired the ownership of the land listed in [Attachment List Nos. 1 and 2 (hereinafter “instant land”) and the previous building at auction. The former building was removed and the building listed in Attached List No. 3 (hereinafter “instant building”) was newly constructed on the instant land.

However, the registry of the building of this case was not closed, and the building of this case continued to be unregistered, and F completed the registration of establishment of a collateral security right with respect to the building of this case which was already removed from the land of this case on May 13, 201, the Industrial Bank of Korea, the Supreme Court of Korea, the maximum debt amount of 240,000,000 won, and the debtor F.

(3) On April 27, 2013, F deceased on April 27, 2013, and the remaining Defendants inherited F in the shares of inheritance Nos. 3/9, respectively. 4) The Industrial Bank of Korea filed an application for voluntary auction on the instant land and Gu buildings based on the instant mortgage, and on October 29, 2013, the voluntary auction procedure commenced on October 29, 2013.

(B) On November 25, 2013, the lower court determined that the instant building was located on the instant land, and that there was no previous building for which the right to collateral security was established in the process of survey and appraisal during the instant auction. On November 25, 2013, with respect to the instant building, the lower court revoked the decision to commence auction and dismissed the application for auction. As to the instant building, an auction was conducted only on the instant land.

5) On October 6, 2014, H purchased the instant land at the auction of this case, and the Plaintiff purchased the instant land from H on February 2, 2015 and completed the registration of ownership transfer by purchasing the instant land from H. [The facts that there is no dispute over grounds for recognition, and evidence A Nos. 1 through 4].

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