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(영문) 창원지방법원통영지원 2016.07.14 2015가단25739
건물등철거
Text

1. The defendant shall be the plaintiff.

(a) remove each section of the real estate listed in the separate sheet Nos. 1 and 2;

Reasons

1. Basic facts

A. On February 21, 2013, the Plaintiff completed the registration of ownership transfer as the receipt No. 9275 on February 21, 2013, with respect to the land of this case (hereinafter “instant land”).

B. The Defendant completed the registration of ownership transfer as the receipt of No. 12235 on February 24, 2015 with respect to the 1st real estate listed in the attached list.

C. The Defendant completed the registration of ownership transfer under the receipt of No. 12234 on February 24, 2015 with respect to the 2nd real estate listed in the attached list.

(hereinafter referred to as "the building of this case" when all the real estate listed in the separate sheet Nos. 1 and 2 are referred to as "the building of this case"). / [Grounds for recognition] The facts that there is no dispute between the parties, Gap No. 1, Gap No. 2-1 and 2, and the purport of the whole pleadings

2. Determination as to the defendant's defense prior to the merits

A. The Defendant, prior to the merits, filed a lawsuit against the Plaintiff seeking revocation of fraudulent act by the Changwon District Court 2016Kadan362 (hereinafter referred to as “consceptic branch”). The Defendant voluntarily decided to commence the auction of the instant land as Tong Young-gu branch D. As to each of the instant cases, the Plaintiff’s loss of ownership of the instant land would be disqualified.

B. As to the standing to be a party, the standing to be a party is a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether or not he/she has the right to demand performance has the right to demand performance shall be proved through the deliberation of the merits (see Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Matters concerning the standing to be a party are related to the requirements of lawsuit, and the court shall investigate and determine them ex officio at the time of the closing of argument at the trial court (see Supreme Court Decision 2007Da60417, Sept. 25, 2008). The defendant's assertion that the standing to

3. Determination as to the cause of action

A. According to the above facts of recognition, the building of this case.

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