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(영문) 대전지방법원서산지원 2016.05.13 2015가단54402
건물등철거
Text

1. The defendant

A. Removal of the sn beam structure (H-be) above 1,752 square meters of land in Yananan-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. On August 10, 2012, the White Ginseng Co., Ltd. completed the registration of the establishment of a mortgage on the B forest No. 1,752 square meters (hereinafter “instant land”) owned by Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”).

② After that, on October 30, 2013, upon the application of the White Ginseng Agricultural Cooperative, the mortgagee of the right to collateral security, the lower court rendered a voluntary decision to commence the auction of the instant land to Seosan Branch D with the Daejeon District Court. In the said voluntary auction procedure, the Plaintiff purchased the instant land on October 15, 2015.

③ On the other hand, on December 27, 2011, the Defendant obtained a construction permit for one factory operation on the five lots, including the instant land from the head of Taean-Gun. On February 21, 2013, the Defendant entered into a contract with the Sejong-do Industrial Development Co., Ltd. to enter into a contract for the construction of the said one unit of factory to contract the contract amount of KRW 700,000 (excluding value-added tax) for the said new construction work. On March 2, 2013, the Sejong-do Industrial Development Co., Ltd. entered into a subcontract with E, etc. to subcontract the said new construction work to the contract amount of KRW 640,00,000 (excluding value-added tax). At that time, the construction of the said factory began at that time, but was suspended on June 2013.

④ At present on the ground of the instant land, steel-frames with sn beam beam lines (H-be) with the second floor above the ground.

(hereinafter referred to as “the structure of this case”). 【The structure of this state” / [the ground for recognition] Gap’s evidence 1-1, Gap’s evidence 2, 4 through 7 and the purport of the whole pleadings.

2. Determination as to the removal of the instant structure and the claim for land delivery

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the structure of this case to the plaintiff and deliver the land of this case to the plaintiff, except in extenuating circumstances.

B. (i) The defendant's defense, etc. (i) The structure of this case has already been covered by the columns, roof, and main walls, and thus the new construction work is completed.

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