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(영문) 서울중앙지방법원 2017.03.29 2015가단5383392
건물등철거
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in paragraph 1 of the attached list, the Attached Form Nos. 8, 38, 39, 40, 41, and 8 shall apply.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who completed the registration of ownership transfer on March 23, 2006 with respect to the land listed in the separate sheet No. 1 (hereinafter “instant land”) as to November 17, 2004 and the land listed in the separate sheet No. 2 (hereinafter “instant land No. 2”).

B. The Defendant completed the registration of ownership transfer on June 24, 2015 with respect to the building Nos. 2 (hereinafter “instant building”) located in Suwon-si, Suwon-si, Suwon-si, which is adjacent to the instant land Nos. 1 and 2 (hereinafter “instant building”).

C. However, among the land in the instant case, part of the site of the instant building is located in each of 8,38, 29, 30, 31, 32, 43, 22, 41, and 8 points in order, among the land in the instant case, 14 square meters in part “bb” and 23, 24, 25, 26, 37, 33, and 23 of the attached drawing among the land in the instant case 2, 4 square meters in sequence, and 4 square meters in order of 27, 28, 48, 6, 44, and 27 of the attached drawing, 34 square meters in each of 4, 44, 34, 46, 47, and 47 square meters in each of the above land, and 3, 44, 34, 46, 444, 42, 442, 44, 44, and 4.

Before filing the instant lawsuit, the Plaintiff completed the provisional disposition on December 7, 2015 with the Suwon District Court Decision 2015Kadan20325, the Defendant as the respondent and the right to claim the removal of the building as the preserved right, and completed the provisional disposition registration on the same day.

E. Meanwhile, the Defendant sold the instant building to D around March 31, 2016, notwithstanding the provisional disposition prohibiting the above disposal, and sold it to D on April 1, 2016.

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