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(영문) 서울고등법원 2017.09.28 2016나2088514
건물등철거
Text

1. The part against the defendant regarding a request for removal of building and a request for delivery of land in the judgment of the first instance shall be revoked, and that part shall be revoked.

Reasons

1. The reasoning of the judgment on this part of the basic facts of this court shall be as follows, and the main text of Article 420 of the Civil Procedure Act shall be cited on the ground of the first instance judgment, except for adding “the result of on-site inspection conducted by the court of the first instance” to “the grounds for recognition” in Part 5, 7, 7, 5, 5, 5, and as it is, in accordance with the main text of Article 4

On September 6, 2002, the Defendant completed the joint establishment of mortgage with respect to the instant land and the instant building prior to the extension to the National Bank of Korea, under Article 98947 of the Suwon District Court’s Ansan Branch’s receipt on the same day, which was the maximum debt amount of 2,080,000,000 won, and with the debtor, Big Islandno Co., Ltd. and the National Bank of Korea Co., Ltd., Ltd., the joint establishment of mortgage was completed. At the time of the establishment of the instant mortgage, in addition to the instant building prior to the instant extension, the instant building was also demolished of the building, including the instant building on the “1st floor of the 2nd floor of the steel reinforced concrete structure (framed), 495.6 square meters and the “120 square meters of the 2nd floor of the instant building” and the building on the 2nd floor of the instant building, which was newly constructed to the extent of 200 meters prior to the completion of the construction, including the building’s outer wall and roof.

(i) "";

2. Determination on the removal of the instant building and the claim for delivery of land

A. According to the above facts, the instant title trust agreement between the Defendant, C, and E does not exceed the Act on the Registration of Real Estate under Actual Titleholder’s Name.

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