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(영문) 대구지방법원 2019.03.05 2018가단102956
건물등철거
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, among the land size of 375 square meters in Daegu Suwon-gu C, Daegu-gu, the Plaintiff.

Reasons

1. Basic facts

A. On November 29, 1996, the Defendant was awarded a successful bid of the Daegu Suwon-gu Seoul metropolitan area of 375 square meters (hereinafter “instant land”) and acquired the ownership thereof. As to this, the Daegu District Court rendered a registration of the establishment of a mortgage with the maximum debt amount of 28 million won, the debtor B, and the mortgagee D association as the maximum debt amount of 98655 on September 12, 1997.

B. After that, at the Daegu District Court E auction procedure for the land of this case, F was awarded a successful bid and completed the registration of ownership transfer with respect to the land of this case on September 10, 2001. After that, the Plaintiff received a successful bid on June 29, 2004 and completed the registration of ownership transfer with respect to the land of this case on July 1, 2004.

C. The lower court, around September 10, 199, newly constructed the instant land on the ground around 1947, 24.25 square meters (hereinafter “instant building”). The Defendant owned the instant land and completed the registration of initial ownership on September 10, 199.

The plaintiff filed a lawsuit against the defendant on August 3, 2005 against the Daegu District Court 2004Kadan106562, and the above court rendered a judgment on August 3, 2005 that "the defendant removed the building of this case to the plaintiff, delivered the land of this case to the plaintiff, and paid money at the rate of KRW 19,404 per month from July 1, 2004 to the completion date of removal of the building and delivery of the land" (hereinafter "the judgment of this case"). The above judgment became final and conclusive on September 28, 2006 after dismissal of appeal and dismissal of appeal.

E. The Defendant occupied and used the instant land while owning the instant building. The current status of the building on the instant land is within three square meters in part (b) of the attached drawing indicating 1,2,3,4,5,6,7,7,8,8,9,10,11,12, and 13, 14, 15, 16, and 13 of the same drawing.

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