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(영문) 울산지방법원 2018.05.17 2017가합25044
건물등철거
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is one of the co-owners of the land listed in attached Table No. 1 (hereinafter “instant land”).

The defendant has attached Table 2 among the 10-story condominiums on the ground of the land of this case (hereinafter "the apartment of this case").

paragraphs (1) through (4)

Each of the buildings listed in the subsection (Nos. 301, 701, 1001, 1002, hereinafter referred to as “each of the buildings of this case”).

B. B and C, on July 21, 201, acquired the ownership of each of the two-story accommodation buildings and one-half-story storage on the land in Ulsan-gu, Ulsan-gu, 2093, the land prior to subdivision, and the second-story accommodation on the said D site (hereinafter “instant existing building”). On the same day, B and C completed the registration of creation of a mortgage on the said D sites and the existing buildings on the first-class joint security (hereinafter “instant joint collateral security”).

C. On August 26, 2011, the land of this case and the land of this case in Ulsan-gu, Ulsan-gu, 2093.9 square meters, which was the land prior to the partition, were divided into the instant land and D 1,047 square meters, and on the same day as on October 10, 2011, C’s share of 1/2 in the instant land was completed to B, while the share of 1/2 in B in the instant D land, which was the land after the division, was completed to C, respectively.

On the other hand, the land divided was registered as a joint collateral of this case.

After the creation of the instant common mortgage, the instant existing building was removed, and the building permit for the instant apartment was issued on September 26, 201, and the sales contract for the instant apartment was concluded for each unit of the instant apartment.

E. On August 1, 2013, the registration of preservation of ownership of the apartment of this case was completed in the future on August 1, 2013 through a commission procedure based on a preservative measure, and the registration of joint establishment was completed on August 5, 2013 on each unit of the apartment of this case in the Korea Saemaul Community Depository in the absence of the registration of site ownership, and on August 5, 2013 on each unit of the apartment of this case, the instant land and the instant land.

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