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(영문) 전주지방법원군산지원 2019.07.09 2018가단53663
건물등철거
Text

1. The Plaintiff:

A. Defendant B, each of the buildings listed in No. 1 and No. 2 in the Schedule No. 1 of Attached 1.

Reasons

1. Basic facts

A. On July 18, 2012, F, who was the owner of each land listed in the separate sheet of land (hereinafter “each land of this case”) stated in the separate sheet of land attached to the attached Table 2, was granted a loan from the G Association, and the said Association created a right to collateral security with respect to each land of this case.

B. F newly constructed multi-household housing (hereinafter “each of the instant partitioned buildings”) on each of the instant parcels of land, and completed registration of initial ownership on July 9, 2013, including each building listed in the list of annexed buildings 1.

With respect to each of the instant lands, the registration of a site right for each of the instant sections was made on the same day, and with respect to each of the instant sections, the site right registration was made at the rate of 125.7916/3019 for each of the respective households, which is the object of the site right, with respect to each of the instant sections.

C. F sold each of the buildings listed in No. 1 and No. 2 (hereinafter “H” and “I”) among each of the instant partitioned buildings, to J on January 3, 2014, and completed the registration of ownership transfer on the same day. Defendant B purchased Hho and I from the said J on October 27, 2017, and completed the registration of ownership transfer on November 9, 2017.

Defendant C is referred to as " below the building indicated in No. 3 of the same list column among each of the sections of this case."

B purchase from F on December 19, 2013, and complete the registration of ownership transfer on the same day.

At present, Defendant D and K respectively reside in Defendant E. D.

On the other hand, the G Union filed an application for voluntary auction with respect to each of the instant lands, and rendered a voluntary decision to commence the auction on January 19, 2016, and on the same day, the entry registration was completed.

On March 23, 2018, the Plaintiff: (a) during the said voluntary auction procedure, 1748.8324 shares of the land indicated in No. 1, 2998 and 21/21 of the land indicated in No. 2, in the column of the list No. 1, among each of the instant lands; and (b) in the said list No. 25.25.

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