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(영문) 수원지방법원안산지원 2014.05.13 2012가단107488
건물등철거
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. is attached Form 1.2 of the building on the ground (the underground 1st floor and the ground 2nd floor) of 222.1 square meters in Silung-si, E-si.

Reasons

1. Facts of recognition;

A. On July 26, 1990, Defendant B Co., Ltd. (hereinafter “Defendant B”) purchased E large 22.1 square meters (hereinafter “the instant site”) and completed the registration of ownership transfer under the name thereof. On November 15, 1990, the Korea Housing and Commercial Bank completed the registration of ownership transfer on the instant site with respect to the establishment of a superficies for the purpose of owning a reinforced concrete building, a reinforced concrete building, and a brick building. On February 1, 1993, Defendant B completed the registration of the establishment of a superficies for the purpose of owning a reinforced concrete building and a brick building. On November 15, 1990, it completed on February 1, 1993 the registration of the establishment of a superficies for the instant site with respect to the Han Mutual-Aid and Finance Company, the maximum debt amount of the instant site amount of KRW 225,00,000,000

B. On August 3, 1990, Defendant B obtained a building permit for the instant site, and commenced October 16, 1990, and constructed a multi-household building (F3 Dong, B101, B102, 101, 102, 201, 202, and 202, each floor structure is the same, and each floor structure is the same (hereinafter “instant building”).

On February 26, 1991, Defendant C received from Defendant B the purchase price of KRW 201,450,00 among the instant building from Defendant B, and paid the purchase price of KRW 49,450,00. At present, G resided in the above 201. On April 7, 1991, G received the purchase price of KRW 102 from Defendant B from the purchase price of KRW 49,250,00 among the instant building, and transferred the above 102 lease deposit to Defendant D on October 26, 199, instead of returning the lease deposit.

The building permit for the instant building was revoked on March 11, 1997, and the instant building was unregistered.

C. On January 4, 2012, the Plaintiff purchased 8/10 shares of the instant site in the Suwon District Court’s Ansan Branch’s H Real Estate Auction case, and paid the sale price on January 4, 2012, thereby acquiring the said shares of co-ownership.

The amount equivalent to the rent for the instant site in 2012 shall be KRW 1,238,00 per month, and the amount equivalent to the rent for the year 2013 shall be KRW 1,26,00 per month, and the rent for the subsequent year shall be the same amount.

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