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(영문) 의정부지방법원 2018.10.10 2017가단18071
건물철거 및 토지인도
Text

1. The plaintiffs' claims against the defendants and the defendants' successors are dismissed in entirety.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. From March 29, 2010, J Co., Ltd. (hereinafter “J”) owned the instant land from March 29, 201, and on January 11, 2012, the instant building was newly constructed on the said land and owned in proportion to the Defendants and 1/6 shares, respectively.

B. Around 2014, the procedure for compulsory auction (this Court K; hereinafter “the first auction”) was initiated with respect to the shares of J among the instant land and the instant building, and the Plaintiffs acquired the shares of J among the instant land and the instant building in December 23, 2014, either Plaintiff A/10, and Plaintiff B acquired the shares of J in proportion to 9/10.

Accordingly, with respect to the land of this case, Plaintiff A 1/10 and Plaintiff B 9/10 shares, and with respect to the building of this case, the Defendants each 1/6 shares, Plaintiff A 1/60, and Plaintiff B 9/60 shares.

C. Since then, the Plaintiffs filed a claim against the Defendants to divide the common property jointly owned by the method of dividing the instant building by auction, and ② the Defendants owned the instant land by sharing the shares of the instant building, thus demanding the return of unjust enrichment equivalent to the rent for the land (this Court Decision 2015No. 649), and the judgment accepting each of the above claims was rendered on November 24, 2015, and the said judgment became final and conclusive around that time.

(hereinafter “instant judgment”) D.

On February 26, 2016, according to the judgment related to the instant case, the auction procedure was initiated for partition of co-owned property as to the instant building.

This Court

L. hereinafter “instant second auction”)

(1) On March 8, 2017, the Plaintiffs received a decision on provisional disposition against the Defendants to exclude interference based on ownership (the right to claim removal of the building as the preserved right), and completed the provisional disposition registration as to the building of this case on the following day.

E. The Defendants’ succeeding intervenor purchased the entire share of the instant building in the second auction procedure on September 13, 2017 and completed the transfer of ownership on the said building on the 26th of the same month.

F. The instant case.

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