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(영문) 대구지방법원 2018.07.20 2017가단130909
건물등철거
Text

1. The part concerning the claim for the overdue interest rate in the lawsuit of this case shall be dismissed.

2. The defendant is listed in attached list 3 to the plaintiff.

Reasons

Facts of recognition

Attached Form

With respect to the land listed in paragraph (1) of the list (hereinafter referred to as "the land of this case") on October 6, 1986, the registration of transfer of ownership in C on October 4, 1986 was completed on December 21, 1990 with respect to the land listed in Paragraph (2) of the attached list (hereinafter referred to as "each land of this case") as to the land listed in paragraph (1) of the attached list (hereinafter referred to as "the land of this case") on October 4, 1986.

On April 26, 2004, with respect to each of the lands of this case, the registration of creation of a neighboring mortgage of the E-and the maximum debt amount of KRW 120,000,000 was completed.

On May 26, 2016, with respect to 3/11 shares among the land in this case, each transfer registration of ownership in the name of D, F, G, H, and Defendant was completed due to inheritance on April 7, 2007, respectively.

On March 30, 2016, Algro Korea Co., Ltd received a decision to commence voluntary auction on each of the instant lands, and the auction procedure was conducted. The Plaintiff completed the registration of ownership transfer on each of the instant lands on February 22, 2017 due to the sale by voluntary auction on February 13, 2017.

On the other hand, on June 29, 1996, the defendant completed the registration of preservation of ownership as to the buildings listed in the attached list No. 3 (hereinafter referred to as "the buildings of this case") on each of the lands of this case.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 10, decision-making as to the cause of claim for the entire pleadings, removal of a building and recognition of the above-mentioned claim for delivery of land as the owner of each land of this case, the plaintiff may seek a removal of disturbance against the defendant who occupies each land of this case through the building of this case. Thus, the defendant is obligated to remove the building of this case and deliver each land of this case to the plaintiff.

As to this, the defendant shall set up each of the instant cases from the defendant's set aside before the voluntary auction procedure for each of the instant lands.

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