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(영문) 대구지방법원포항지원 2013.08.13 2012가단1830
건물철거 등
Text

1. The defendant is against the plaintiffs:

A. Of the area of 4,870 square meters in Northern-gu, Northern-gu, Pohang-si, the attached Table 11 to 18, and 11 shall apply respectively.

Reasons

1. Basic facts

A. On December 6, 2005, from the 34,070 square meters (hereinafter “site prior to subdivision”) prior to the date of the Defendant’s ownership, the 2,741 square meters prior to the date of E on December 6, 2005, and the 2,741 square meters prior to the date of G, the 2,484 square meters prior to the date of F on May 10, 2010, the 1,895 square meters prior to H, 2,821 square meters prior to the date of J, 2,821 square meters prior to the date of J, 3,630 square meters prior to the date of K, 3,630 square meters prior to the date of K, 3,630 square meters prior to L, and 5,000 square meters prior to the date of each division, only the specific lot number divided is to remain.

B. After that, with respect to the instant land, divided I or M, and 11,646 square meters of Nan Forest in North-gu, Chungcheongnam-gu, the Defendant owned (hereinafter “Nan Forest”), compulsory auction and voluntary auction had been commenced due to the Daegu District Court’s Port SupportO, P (Dual), Q (Joint), R (Dual), R (Dual), T (Joint), and Dual (Joint), as regards the forest adjacent to the instant land.

C. According to the decision to permit the sale of the above auction case, the Plaintiffs paid in full the sale price on October 20, 201, and on the same day, the registration of transfer of ownership in the name of the Plaintiffs was completed as to each of the shares of 1/2 of the instant land due to compulsory auction.

On the other hand, the Defendant ordered U on August 15, 2008 the construction of new housing on the ground of the instant site to U.S.; however, at the time when the Plaintiffs paid the above sale price, the said new construction was suspended; and as of the date of closing argument of the instant case, there remains a structure newly built by U on the ground of the instant site (hereinafter “the instant structure”).

[Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, Eul evidence 3, 4, and 6 (including a provisional number; hereinafter the same shall apply) or video, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The assertion;

A. According to the plaintiffs' claim of removal and claim of return of the plaintiffs' possession of the land of this case, the defendant removed the building of this case to the plaintiffs, delivered the part of the building of this case to which the building of this case is located, and it is the date of acquisition of the plaintiffs' ownership.

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