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(영문) 전주지방법원 2018.10.26 2017나10834
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and jointly do so from 199 to 339.

Reasons

1. Basic facts

A. On January 29, 2013, the Defendants: (a) concluded a contract with D to jointly operate a mutual construction company of “J”; (b) the construction work was completed on April 30, 2013, by setting the construction cost of KRW 270 million for the construction work on the instant land from D, which was the owner of the instant land (hereinafter “instant construction work”); and (c) from January 30, 2013 to April 30, 2013 for the construction period; but (d) failed to receive part of the construction payment from D.

B. Around January 2014, the Defendants installed a container on the part (A) of 18 square meters in the ship connected in sequence of the indication of the attached drawing Nos. 1, 2, 3, 4, and 1 among the instant land (hereinafter “instant container”).

C. Around January 2014, the Jeondong Credit Union, a creditor of D, applied for voluntary auction to the Jeonju District Court G with respect to the instant land and the building on its ground (hereinafter “instant auction procedure”). In the said auction procedure, Defendant B reported the lien on February 10, 2014 with the remainder payment of the instant construction as the secured claim.

In the auction procedure of this case, the Plaintiff paid the sale price after receiving a successful bid for the instant land, and completed the registration of ownership transfer in the Plaintiff’s future on November 28, 2014 due to sale due to voluntary auction conducted on November 25, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1, 3 evidence, Eul 6 through 10 evidence, and the purport of the whole pleadings

2. Determination

A. According to the basic facts prior to the determination as to the cause of the claim, the Defendants are obligated to remove the instant container to the Plaintiff seeking the removal of interference, barring any special circumstance, as the owner of the instant land, inasmuch as they possess the above part (A) of the instant land, which is owned by the Plaintiff via the instant container.

On the other hand, the Plaintiff is the Defendants.

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