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(영문) 부산지방법원 2019.11.27 2019나53440
건물철거 및 인도
Text

1. Revocation of the first instance judgment.

2. The defendant shall submit to the plaintiff the building listed in the attached list and drawings 1 of the second floor of that building.

Reasons

1. Basic facts

A. On June 12, 2018, the Plaintiff purchased, and completed the registration of ownership transfer, the land of H, I, J, and K (hereinafter “each of the instant lands”) and J-ground buildings (hereinafter “instant building”) in the public auction procedure in Busan Seo-gu, Busan (hereinafter “instant land”).

B. On the second floor of the instant building, the Defendant built a provisional building with a size of 50 square meters inboard connecting each point of drawing 1, 2, 5, 6, and 1 (hereinafter “the instant provisional building”). On November 26, 2003, the Defendant filed a move-in report with the Busan Seo-gu J parcel number, and thereafter resided in the instant provisional building and occupied the instant building and the provisional building.

(Confession of Defendant).

The building of this case was owned by the defendant, and on October 30, 2014, the registration of ownership transfer based on the sale under the name of D Co., Ltd. (hereinafter “D”) and the registration of ownership transfer based on the name of E Co., Ltd. was completed.

After the public auction, the Plaintiff is going through the public auction procedure.

As set forth in paragraph, ownership was acquired.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 15 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff acquired the ownership of the building of this case and the building of this case through the public sale procedure, and the defendant without title possessed the building of this case and the building of the provisional building. Thus, the defendant asserts that the plaintiff is obligated to deliver the building of this case and the building of this case to the plaintiff who is the owner. Accordingly, the defendant asserts that the real estate acquired by the plaintiff in the public sale procedure is limited to the real estate indicated in the public sale notice of real estate (tender) and the sale and sale contract of real estate, and that the ownership of the

The fact that the plaintiff acquired the ownership of the building of this case through the public sale procedure is as shown in the above facts of recognition, and the plaintiff is in addition to the building of this case.

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