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(영문) 전주지방법원 2018.12.19 2017가단29424
토지인도 및 건물철거 청구 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On November 24, 2008, the Luxembourg Agricultural Cooperative completed the registration of the establishment of a mortgage on the land of 3,221 square meters and E factory sites and 1,418 square meters (hereinafter the above D and E factory sites together with the above D and E factory sites) and each building listed in the attached Table 1 list (hereinafter “each building of this case”) as joint collateral, with the maximum amount of debt 128 million won and the debtor F.

B. On January 20, 2009, the Kwon Co., Ltd. (hereinafter “K”) completed the registration of ownership transfer based on sale and purchase on each of the instant land and each building on the same day.

C. The Defendant concluded a construction contract on each of the instant buildings with the Kwon, and performed the construction work from May 20, 2009, and completed it around July 30, 2009.

Each of the buildings of this case due to construction was modified by the size, structure, etc. as listed below.

Since the completion of the construction for each of the instant buildings, each of the altered buildings, such as the annexed drawing Nos. 2, changed as “instant factory building”, “this case (B), “B,” and “D”) shall be deemed to be “the instant building.” After the completion of the construction for the attached drawing Nos. 2, the current status (based on appraisal standard) of the relocation of the listed building in the attached sheet Nos. 1, the land (based on appraisal) shall be the North-ju-Gun, G-Gun, Jeonju-gun, Jeonju-gun, G-gun, Jeonju-gun, G-Gun, and Do, and Gyeong-gun Ga-gun 1,5.04m2 (A) with a pipe and light-weight 95.04m2, 95.04m2) with a pipe and light-weight 95.04m2, a pipe and light-weight 97m2,4646.465m2,46544.644m2,545444.644.642.2.2.2.2.244444.2.

D. The Defendant, around August 30, 2009, shall settle the additional materials cost, personnel expenses, etc. between the Kwon and the total amount.

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