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(영문) 서울서부지방법원 2016.08.16 2015가단24921
건물철거등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of the absence of superficies against Defendant B shall be dismissed.

2. The plaintiff, Ga.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Eunpyeong-gu Seoul Metropolitan Government G Dae-dae 123m2 (hereinafter “instant land”).

B. On the instant land, the Plaintiff constructed the instant building on the instant land by promising the Plaintiff to accept the registration of ownership transfer at the time of completing the registration of ownership transfer by building the two-storys of reinforced block block block Ha (hereinafter “instant building”).

C. While the preservation registration had not been completed despite the completion of the instant building, the social loan, Inc., a creditor of H, was completed the preservation registration of the instant building on July 12, 2010, by subrogation of H in order to file an application for compulsory auction on the instant building.

On July 20, 2010, the compulsory auction for the instant building owned by H was commenced, and on May 12, 201, the ownership transfer registration was completed for the reason of sale due to compulsory auction in the name of the leather, Inc.

E. On October 18, 2012, the Plaintiff filed a claim for land rent as Seoul Central District Court 2012Kadan283922 on October 18, 2012, and completed the provisional attachment against the instant building by Seoul Western District Court 2012Kadan9671.

On August 23, 2013, the judgment was rendered to the effect that “Satho Co., Ltd. shall pay to the Plaintiff the amount calculated by the percentage of KRW 568,600 per month from June 12, 2013 to the date on which the Plaintiff loses the Plaintiff’s ownership or the end of the Defendant’s possession” was finalized as it is.

(f) On December 29, 2012, when the first lawsuit was in the first lawsuit, the leather Co., Ltd. sold the instant building to Defendant B. Defendant B completed the registration of ownership transfer concerning the instant building on January 3, 2013.

G. As the leather Co., Ltd. did not pay the rent even after the first lawsuit, the Plaintiff filed an application for compulsory auction on the instant building with Seoul Western District Court I based on the first judgment.

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