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(영문) 대전지방법원천안지원 2016.10.13 2016가단105301
건물등철거
Text

1. The defendant is against the plaintiffs:

(a) The attached Table No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 2, 3, 4, 5, 6, 7, 7, 7, 7, 7, 7, 7, 10,

Reasons

1. Indication of claim;

A. On December 15, 2009, the registration of the establishment of a neighboring mortgage-backed credit cooperative, which became a non-human credit cooperative of the mortgagee of the right to collateral security on December 15, 2009 with respect to the land of this case (hereinafter “instant land”). The non-human credit cooperative filed an application for the commencement of voluntary auction with the Daejeon District Court red support H on the basis of the foregoing right to collateral security on November 20, 2015, and the registration of the decision to commence voluntary auction was completed on November 20, 2015.

(hereinafter “Voluntary Auction”). (b)

The Plaintiffs purchased the instant land in the instant voluntary auction procedure, and the purchase price was paid in full on May 4, 2016, and acquired ownership as to each 1/5 share on the same day.

C. Of the instant land, on the ground of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 122 square meters of “A” portion on the ground of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 100, 16, 17, 18, 19, and 122 square meters of “A” (hereinafter “the instant building”).

Meanwhile, the amount equivalent to the monthly rent of the part occupied by the Defendant out of the instant land is KRW 494,700 per month.

C. Therefore, the defendant is obligated to remove the building of this case on the ground owned by the defendant and deliver the part occupied by the defendant to the plaintiffs, who are the owners of the land of this case.

In addition, since the defendant illegally occupied the part of the defendant's possession, thereby causing damage to the plaintiffs' amount equivalent to the rent, the defendant, from May 4, 2016 to the date of acquisition of the plaintiffs' ownership on the land of this case, 97,940 won per month (i.e., the amount equivalent to the rent for a month x 1/5) 494,700 won x 1/5 x 1/5) 1/5 as claimed by the plaintiff or the plaintiff.

There is a duty to pay damages calculated in proportion to the ratio of the damages.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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