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(영문) 대구지방법원 2016.06.30 2015나309337
건물등철거
Text

1. Of the monetary payment in the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below.

Reasons

1. Basic facts

A. On September 28, 2010, both Class 1 and 2 community credit cooperatives completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) in their own name with respect to each land listed in the separate sheet (hereinafter “instant land”) on September 28, 2010.

B. In the voluntary auction procedure conducted on the instant land upon the registration of the establishment of a neighboring land in the instant case, the Plaintiff was awarded a successful bid on January 2, 2015, 8,042/11,515 shares out of the land 2, and 8,042/11,515 shares out of the land 3 (hereinafter collectively referred to as “first shares”), and paid the sales price, and completed the registration of ownership transfer on January 5, 2015.

C. On October 12, 2015, the Plaintiff sold 670/2,010 shares in G; H, I; 2,680/11,515 shares in 2,680/11,515 shares in G; H, I; 2,680/11,515 shares in 3 land; G; 1,340/11,515 shares in 2,680/15 shares in 3 land; H,340/11,515 shares in 1,340/11,515 shares in 1,340/340; 30/2,010/2,010 [2,670/3535/35] of 1,204; 3615/2841 of shares in 20; 2516/2841 of shares in 3,2015].

The Defendant, upon obtaining a building permit on October 20, 2010, has constructed a new building Nos. 4 in the annexed sheet on the ground of the instant land (hereinafter “instant building”) and is currently occupying and using the instant building.

On the other hand, the defendant currently owns 3,473/11,515 shares in the second land and 3,473/11,515 shares in the third land.

E. The amount equivalent to the rent for the first share from January 5, 2015 to October 20, 2015 is KRW 1,870,701 per month, and Article 2. from October 21, 2015 to October 20.

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