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(영문) 수원지방법원여주지원 2017.12.07 2016가단8406
건물철거및토지인도등
Text

1. For the plaintiff (Appointed Party) and the selectors E and F in the annexed sheet:

A. Defendant B and C are on the ground of 331 square meters G in Yangyang-gun of Gyeonggi.

Reasons

1. Facts of recognition;

A. On February 24, 2011, Nonparty H completed the registration of ownership transfer on the ground of sale and purchase on December 28, 2010, with respect to the Gyeonggi-do G Large 331 square meters (hereinafter “instant land”). On June 20, 201, Nonparty H completed the registration of ownership transfer on the ground that the maximum debt amount was KRW 149,500,000 (hereinafter “the registration of ownership transfer”). Nonparty H completed the registration of establishment of neighboring agricultural cooperatives with the maximum debt amount of KRW 149,50,000 (hereinafter “the registration of creation of neighboring land”).

On July 28, 2014, Korea Agricultural Cooperative, a creditor of the foregoing right to collateral security, made a voluntary decision to commence the auction procedure regarding the instant land, etc. on July 28, 2014. On July 26, 2016, the Plaintiff (Appointed Party), the designated parties E, and F were sold 1/3 shares of each of the instant land at the above auction procedure and completed the registration of ownership transfer on the same day.

B. Around November 10, 2010, H and I obtained a building permit on both the instant land and the instant land and the instant neighboring land of 2394 square meters from Sejong-gun, Yangyang-gun (hereinafter “instant neighboring land”); on or around November 7, 201, H and I filed a report on a change in the building report to Yangyang-gun; on or around October 25, 2012, H and I obtained an extension of the period of permission for the creation of a site for entry into general housing and entry into a site; on or around December 12, 2012, H and I filed a report on change of the building owner to H and I’s future, and constructed a building after obtaining approval for use on December 10, 2013, and completed the registration on change of the building owner’s building site and the instant general land’s building’s building’s structure and building’s structure on the instant land and the instant general land’s structure (hereinafter “the instant building’s surface”).

C. The network K died on August 26, 2014, and Defendant B and C, his child, inherited the network K’s property.

Defendant D occupied and used the instant building and occupied the instant land.

E. The instant land is monthly rent from July 26, 2016 to July 25, 2017.

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