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(영문) 서울고등법원 2015.01.23 2013나62621
건물철거 등
Text

1. Of the judgment of the court of first instance, the part requesting cancellation of the registration of the establishment of a neighboring mortgage against Defendant C shall be revoked, and that part shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the corresponding part of the reasoning of the judgment of the court of first instance as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure

[Attachment] Each amendment shall be made to " August 27, 2003" at the bottom of the second judgment of the court of first instance and to "the third tier one day" at " August 26, 2003" at the bottom of the second judgment of the court of first instance.

The three pages of the judgment of the first instance court shall be amended to " January 5, 2007" " January 15, 2007."

"O. 15, 2009. 0. 15, 2009. 0.15" of the three pages of the first instance judgment shall be amended respectively to "O. 5, 2009. 0. 5, 1,33.5/4, 754 shares and 1,243.5/4,754 shares" to "1/2 shares."

The two Dongs of "two buildings with a total floor area of 222.4 square meters" shall be modified to "two buildings with two buildings with a total floor area of 222.4 square meters" at the bottom of the three sides of the judgment of the first instance court.

The "this Court" shall be revised to "Seonam Branch Branch" for the first instance court's four pages 3, 7, 11, 14, 16, 18, 19, 21, and 5 pages 4.

On the five pages of the decision of the court of first instance, the "registration of entry into a discretionary auction" shall be amended to the "registration of entry into a discretionary auction decision".

The five pages of the decision of the first instance court (including each number) shall be amended to "(if not separately indicated, the number shall include the number; hereinafter the same shall apply)".

【Additional Part】 On 5th of the first instance judgment, the following shall be added to the following:

[7] Meanwhile, in the public sale procedure for the instant land, K paid the sale price on December 30, 2013 and acquired the ownership of the said land, and the registration of the establishment of a mortgage and the registration of the creation of superficies under the name of the Plaintiff was cancelled.

'The 5th 5th 5th 5th 5th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 6th 7

2. Whether the part demanding cancellation of the registration of creation near the defendant C is legitimate;

A. The Plaintiff was established with Defendant C, when the establishment registration of a neighboring building of the instant building under Defendant C was completed.

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