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(영문) 광주지방법원 2018.07.06 2017가단517818
건물등철거
Text

1. From June 15, 2017 to the Plaintiffs, Defendant E is against the Plaintiff’s F field 2,970 square meters and G field 2,970 square meters and G field 2,970 square meters.

Reasons

1. Basic facts

A. As to the instant land, Defendant E is entitled to KRW 2,970 square meters and G field 2,970 square meters on May 20, 2013 (hereinafter “instant land”).

On May 12, 2013, Defendant E completed the registration of ownership transfer on the ground of sale and purchase. 2) On December 24, 2013, competent agricultural cooperative, the creditor of Defendant E, registered the entry of provisional attachment as the Gwangju District Court 2013Kahap119 on the instant land. Accordingly, on April 12, 2016, the auction procedure commenced upon receipt of a decision to commence compulsory auction as H of the Gwangju District Court.

3) In the above auction procedure, the plaintiffs bought the instant land at a successful bid and paid the price on June 14, 2017, and completed the registration of ownership transfer on June 16, 2017 with respect to 1/4 shares of each of the instant land. (B) As to the instant building, around April 29, 2013, Defendant E concluded a construction contract with Defendant D Construction Co., Ltd (hereinafter “Defendant D Construction”) for the said new construction project to construct a fixed-type glass greenhouse on the instant land (hereinafter “instant building”). around May 2013, Defendant DD Construction Co., Ltd. (hereinafter “Defendant D Construction”) constructed both the columns, the roof, and the walls of the instant building around October 2013.

2) On January 21, 2014, Defendant E, including the instant building, completed the registration of initial ownership relating to the lightweight structure, steel structure, glass roof, and plant-related facilities (high temperature rooms) 19,671.66 square meters on the ground of eight parcels, including, but not limited to, Jeonnam-gun, the building in this case. On the same day, Defendant D Construction completed the registration of initial ownership transfer claim based on the pre-sale agreement. 3) The instant building is on the instant land, and Defendant E owned the instant building, thereby occupying the instant land.

[Based on recognition] Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs are alleged by the parties.

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