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(영문) 광주지방법원목포지원 2019.01.16 2017가단55207
건물등철거
Text

1. The Plaintiff:

(a) Defendant B, C, D, E, F, and G are indicated in the attached Form No. 1, 2, and 2,07 square meters among the 2,307 square meters Jannam-do, Chungcheongnam-do.

Reasons

1. Claim against Defendant B, C, D, E, F, and G

(a)as shown in the grounds for the change in the attachment of the claim;

(b) Defendants B, C: Article 208(3)2(b) of the Civil Procedure Act (i.e., deemed as having been made) Defendant D, E, F, and G: Article 208(3)3 (i.e., service by public notice) of the Civil Procedure Act;

2. Claim against Defendant H and I

A. Determination 1 on the cause of the claim (A) had been completed on December 6, 1991, the registration of establishment of the first priority priority of the maximum debt amount of KRW 260,000,000 with respect to the land of this case on the non-party L Co., Ltd. and the registration of establishment of the second priority of the second priority of the maximum debt amount of KRW 60,000,000 on September 19, 198 and the third priority of superficies was completed.

B) The Deceased died on June 17, 2005, and his co-inheritors, including Defendant B, C, D, E, F, and G (hereinafter “the deceased’s inheritor”).

(C) On November 13, 2015, the registration of inheritance was completed with respect to each inheritance share of the instant land. On the other hand, the non-party Credit Guarantee Fund completed the registration of transfer of the first-class collateral security right of L Co., Ltd. on May 12, 1994 on the ground of partial subrogation on the part of the instant land, and received a decision of voluntary auction at this court (hereinafter “instant auction”). On November 23, 2015, the Plaintiff was awarded a successful bid of the instant land at the instant auction procedure and completed the registration of ownership transfer on April 20, 2017.) On the ground of the instant land, the deceased’s heir inherited from the deceased, and the order 1-A.

1) Each building and structure described in paragraph (1) (hereinafter “instant building, etc.”)

The building, etc. of this case is owned by Defendant H and I. Defendant H is the owner of the building of this case, and Defendant I was the owner of the building of this case on July 31, 2006 and the owner of the building of this case on November 20, 2007 and completed the move-in report at his domicile, respectively. 2) According to the above facts of recognition, the heir of the deceased was the owner of this case on the ground of the land of this case owned by the Plaintiff.

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