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(영문) 대구지방법원서부지원 2017.06.22 2016가단57585
건물퇴거
Text

1. The plaintiff, and the defendant B, among the buildings listed in the attached list, each point of the attached Table 1, 2, 3, 4, and 1, among the buildings listed in the attached list.

Reasons

1. Facts of recognition;

A. L and M, which were co-owners of the land listed in the separate sheet No. 1 (hereinafter “instant land”) on December 31, 1992, had completed the registration of the establishment of a neighboring mortgage under the name of a mutual savings and finance company Gap with respect to the instant land, and thereafter, at the auction conducted by the above credit finance company’s voluntary auction application, the Plaintiff was awarded the instant land on November 28, 1994 and paid in full at that time, and completed the registration of the transfer of ownership on February 6, 1995.

B. L obtained permission to construct the 4th floor building on April 30, 1993, and commenced the new construction on July 23, 1993, L completed the building listed in the attached Table 2 (hereinafter “instant building”) around April 1999.

N was sold in lots from L around October 1994. The first floor of the instant building was sold in lots.

C. On September 27, 2001, the Daegu District Court Decision 2000Gahap21196 (Mains), and 2001Gahap6866 (Counterclaim), building removal and land delivery lawsuit, etc., rendered a judgment on September 27, 2001 that “I remove 2,3, and 4 of the instant building, and N remove 1 of the instant building, and deliver 1 of the instant building,” and the said judgment became final and conclusive on February 14, 2003, as L, N’s appeal and appeal against the said judgment were dismissed, respectively.

(hereinafter “instant final judgment”) d.

The Defendants occupy the instant building as listed below.

The name and trade name of the number of floors and the second floor B (O) C (P) C (P) 1 of the second floor E 2 of the second floor E 2 of the move-in report on November 25, 2012, the third floor F (R) of the third floor of the move-in report on November 2005 on November 03, 2005, G 4th floor of the move-in report on November 201, 201, J 4th floor of the move-in report on November 4th 201, 201, J 25th 2006, K 4th class of the move-in report on November 25, 201, and the purport of the entire pleadings as a whole.

2. According to the above facts of recognition, the defendants are obligated to withdraw the plaintiff from each part of possession of the building of this case.

As to this, Defendant H’s final judgment is unreasonable.

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