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(영문) 광주지방법원순천지원 2016.02.02 2015가단957
건물철거 등
Text

1. The Defendant (Counterclaim Plaintiff) concerns 1620/2820 shares of the real estate listed in the separate sheet from November 10, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant (the first name was a school juristic person B, but the operator was replaced on May 30, 1994, and was changed to the current name) established and operated D Heavy High School in Shyman City C.

E School juristic person B founders and the president of F, who had been in charge of the general school affairs at the time. The title of the land in this case, which was incorporated into the school site, donated 1200/2820 shares among the land in this case, to the defendant and completed the registration of share ownership transfer on August 28, 1978.

B. The Defendant, with the consent of E, who is the remaining right holder of E, newly constructed a portion of “A” on the land in the instant case, which connects each point of attached Form 1, 2, 3, 4, 5, 6, and 1 on the land in the sequence of No. 1, 2, 3, 4, 5, 6, and 1,000 square meters in the order, and is unregistered and unregistered until now;

On March 12, 2004, the instant land and its neighboring land were newly constructed three-story buildings (one story 221.13 square meters, two stories 221.13 square meters, three stories 126.49 square meters, three stories 126.49 square meters) on G land at the time of leisure, and completed the preservation registration.

Of the above buildings, attached Table 2 expansion marks 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 26, and 10 square meters of the 86 square meters of the 1st floor of the slive roof building in the order that connects each point of 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 19, 20, 21, 221, 13 square meters of the "C" part of the slive roof building in the order of each point of 10,000 square meters of the slive roof building in the instant land (hereinafter "the classroom in this case").

C. The Plaintiff purchased a share in E (1620/2820) in the compulsory auction procedure for the instant land, and completed the registration of share ownership transfer on November 10, 2014.

At the time, the appraised value of E’s shares was 260,740,000 won (1.50,000 won per square meter), and the purchase price of the Plaintiff was 110,000,000 won.

The land of this case is one of the multiple lands incorporated into the site of the D secondary high school, such as the location map of the attached Form.

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