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(영문) 광주지방법원 2017.02.14 2015가단47766
수변전설비이설 등
Text

1. The defendant shall be the plaintiff.

A. Of 432 square meters in 1 Jeonyang-gun Co., Ltd., one Jeonyang-gun, each point of which is indicated in Appendix 4, 5, 6, 7, 8, and 4.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the paddy-gun, Jeonyang-gun, Jeonyang-gun, C, 432 square meters (hereinafter “the instant land”) and D 7 square meters (hereinafter “the instant land”). The Plaintiff is the owner of the instant land if it is collectively referred to as “each of the instant land,” and the Defendant is the owner of the instant land, Jeonyang-gun, Seoyang-gun, Seoyang-gun, 1520 square meters (hereinafter “E”) and the instant building (hereinafter “instant building”).

B. Around June 2010, F acquired ownership of each of the instant land and each of the instant land and the instant building, and owned it. Around September 2013, F had commenced the voluntary auction procedure with respect to each of the instant land to G in this court upon application from the creditor Alley-do Savings Bank, Inc. on each of the instant land, and around December 2013, the voluntary auction procedure was commenced at this court’s H upon application by the creditor Nonghyup Bank with respect to the instant land and the instant building.

The Plaintiff received a successful bid of each of the instant lands on April 25, 2014 in the said G auction procedure and completed the registration of ownership transfer in its name on May 8, 2014. The Defendant was awarded a successful bid for the instant land and the instant building on November 7, 2014 and completed the registration of ownership transfer in its name on the same day.

C. F was operating the telecom in the instant building, and the Defendant was awarded the bid of the instant building and thereafter runs the telecoming business with the name “I” in the instant building from around that time to that day.

At present, among the land No. 1 of this case, the transformation facilities listed in the attached Table 3 (hereinafter “instant transformation facilities”) are as follows: (a) the transformation facilities listed in the attached Table 21, 22, 23, 24, and 21 attached Table 2 on the ground of the land No. 1 of this case, which connect each point of the attached Table 4, 5, 6, 7, 8, and 4, which are linked with each point of the attached Table 1 drawings; and (b) the electric wires installed in the air space No. 25, 26, 27, 28, and 25, which connect each point of the attached Table 2 drawings No. 21, 22, 23, 24, and 21 on the ground of the instant land.

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