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(영문) 전주지방법원 2015.09.23 2013가단22234
건물철거
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant Lico Co., Ltd is listed in paragraph 1 (i) through (vii) of the attached list of real estate.

Reasons

1. Facts of recognition;

A. On August 19, 1987, the area of 3,893 square meters prior to N prior to Jeonju-si was divided into 3,887 square meters prior to N and 6 square meters prior to N, and the area of 3,887 square meters prior to N was subdivided into 3,791 square meters prior to N on December 8, 1997 and 96 square meters prior to P.

(hereinafter referred to as “Nnumber before division”). (b)

Before subdivision, N parcel number acquired ownership on May 24, 1980 by the white industry, but on June 8, 1981, Q Q Co., Ltd. (hereinafter “ Q”), but the ownership transfer registration was made to Q Co., Ltd. on June 8, 1981. However, on March 31, 1981, the decision to commence the auction was already issued, and on November 12, 1982, R et al. acquired ownership by winning the bid.

C. Q obtained a building permit of two multi-households (one Dong and two Dong, and five-storys and 80 households on the ground; hereinafter “S apartment”) on the N parcel number prior to the subdivision on October 2, 1981, and from around 1981, Q sold to the general public each of the household units under the divided ownership of S apartment units.

Q has completed most of the construction works except infrastructure around October 1982 to the extent that people can reside in, and as a result, Q has allowed the occupancy of the buyer around the 30th of the same month. However, since Q’s financial standing has been worse and construction has not been completed, registration of preservation of ownership has not been completed for S apartment because Q’s financial standing has not been approved.

E. Meanwhile, on May 25, 2001, the Plaintiff filed a share transfer registration on May 7, 2001 with respect to 8/40 of the N parcel Number prior to subdivision on May 25, 2001 on the ground of purchase on May 7, 2001. Based on the decision of recommending a partition of co-owned property finalized on October 7, 2008, the Plaintiff independently owned 758 square meters south of N parcel Number prior to subdivision as indicated in the separate sheet.

On December 23, 2008, the Plaintiff was divided into 758 square meters before M (hereinafter “instant land”) and remains at present.

F. Due to the partition of co-owned property as to the N parcel number before the above partition, 105 to 108, 205 to 208, 305 to 308, 405 to 408, and 505 to 508 among the co-owned houses.

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