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(영문) 수원지방법원 2019.03.21 2017가단540567
건물등철거
Text

1. The defendant is marked with annexed drawings 19, 20, 21, 22, and 19 among the real estate listed in annexed Schedules 1 through 6.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) completed the registration of ownership transfer on the real estate listed in [Attachment 1] List 1 through 6 (hereinafter “each land of this case”) on November 12, 2010, and D Co., Ltd. (hereinafter “D”) completed the registration of establishment of a neighboring mortgage and the registration of creation of a superficies on each of the above lands on the same day.

B. On April 16, 2015, the Defendant, upon obtaining a construction permit, newly constructed a 336 square meters factory on the ground of the attached Table 2 drawings indicating 19,20,21,22, and 19 among the instant land, which connects each point of (i) part 336 square meters on the ground of (i) part 336 square meters on the ground of (ii) the light metal frame, which connects each point of (ii) part 23,24, 25, 26, and 23 square meters in sequence, the Defendant constructed a factory of the light metal frame, 336 square meters inboard (hereinafter collectively referred to as the “each of the instant buildings”).

C. Meanwhile, on June 30, 2015, according to D’s application for voluntary auction (U.S. District Court E), each of the instant lands was commenced on June 30, 2015 (hereinafter “instant auction procedure”). D transferred the right to collateral security to the Plaintiff, a special purpose company, in accordance with the Asset-Backed Securitization Act during the said auction procedure.

The Plaintiff received a successful bid of each of the instant land in the auction procedure, and completed the registration of ownership transfer on September 25, 2017, and completed the registration of ownership transfer on November 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2 through 6, the court's entrustment of appraisal to appraiser F, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant owned each of the buildings of this case and occupied the part (a) and (b) (hereinafter “each of the lands of this case”), which are the relevant land, and barring special circumstances, removed each of the buildings of this case to the plaintiff seeking the removal of interference as the owner of each of the lands of this case, and removed the building of this case.

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