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(영문) 수원지방법원안산지원 2014.08.12 2012가단22723
건물철거 및 대지인도
Text

1. The plaintiff (appointed) and the successor:

A. The Defendant Young-gu Housing Co., Ltd. shall be on the ground of 222.1 square meters in Siung-si.

Reasons

1. Facts of recognition;

A. On July 26, 1990, the Defendant Young-gu Housing Co., Ltd. (hereinafter “Defendant Young-gu Housing”) purchased the land of this case 22.1 square meters (hereinafter “the instant land”) and completed the registration of ownership transfer under the name thereof. On November 15, 1990, the Defendant Young-gu Housing Co., Ltd. (hereinafter “Defendant Young-gu Housing”) completed the registration of the establishment of superficies over the instant land to the Korea Housing and Commercial Bank for the purpose of the registration of the establishment of a mortgage over the debtor Young-gu Housing Co., Ltd. and the ownership of reinforced concrete and brick buildings, and completed the registration of the establishment of a mortgage over the instant land of this case with the maximum debt amount of 25,00,000 won as to the instant land, and completed the registration of the establishment of a mortgage over the debtor Young-gu Housing Co., Ltd. on February 1, 1993.

B. On August 3, 1990, the Defendant Young-gu Housing built a multi-household building (F building 3, B101, B102, 101, 102, 201, 202, 202, and 202; hereinafter “instant building”) on the ground of the instant site by obtaining a building permit for the instant site, and on October 16, 1990, the construction of a multi-household building (F building 3, B101, B102, 101, 102, 201, and 202.

On February 26, 1991, Defendant C paid the price for KRW 201,450,00 among the instant building from Defendant Yongungung Housing, which was sold in lots, and then resided in the above 201. G on April 7, 1991, received KRW 102,00 among the instant building from Defendant Young Young Housing, and paid the price for KRW 49,250,000 among the instant building. On October 26, 1999, Defendant C transferred the said No. 102 to Defendant B who was the lessee of the said No. 102, instead of returning the lease deposit.

The building permit for the instant building was revoked on March 11, 1997, and the instant building was unregistered.

C. On January 4, 2012, the Plaintiff (Appointed) purchased 2/10 shares of the instant site in the Suwon District Court H real estate auction case for the Suwon District Court for the instant site, and paid the sale price on January 4, 2012, thereby acquiring such shares, and sold 1/10 shares to I on February 1, 2012.

The site of this case.

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