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(영문) 대구지방법원경주지원 2019.10.04 2018가합2493
건물등철거
Text

1. Defendant B:

(a) remove the buildings listed in Appendix 1 No. 2;

(b) No. 4 of the Schedule 1.

Reasons

1. Basic facts

A. On December 5, 2006, Defendant B completed the registration of ownership transfer based on sale and purchase on the same day with respect to the land No. 1 listed in the List No. 1 listed (hereinafter “instant land”) on the same day, and thereafter, Defendant B completed the registration of ownership transfer with respect to the instant land No. 1 on February 17, 2012 by E Union at KRW 520,000,000,000 for the maximum debt amount, and the registration of joint establishment with the debtor B.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). (b)

E Union filed an application for voluntary auction and filed a decision to commence voluntary auction on May 23, 2017 with the Daejeon District Court (Seoul District Court supportF). The Plaintiff was awarded a successful bid on May 9, 2018 with the land of this case on May 1, 2018.

C. On the land of this case No. 1, the buildings No. 2, 3 as indicated in the attached Table 1 list (hereinafter “each building No. 2” and “the building No. 3”) exist 4 as indicated in the same list (hereinafter “instant containers”).

Defendant B owned the instant building Nos. 2 and 3, and Defendant D occupied the instant container No. 4.

E. The instant building No. 3 is a temporary building and unregistered one.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The purport of the Plaintiff’s assertion is as follows: (a) the Plaintiff’s primary preliminary claim was described in accordance with the Plaintiff’s argument.

The Plaintiff was the owner of the land of this case. Defendant B without title owned the instant building Nos. 2 and 3 and the instant container Nos. 4 without title, and occupied the land of this case. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) without title to oppose the Plaintiff and the instant container Nos. 2 and 3, and Defendant D occupied the instant container No. 4 without title.

Therefore, the plaintiff.

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