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(영문) 대전지방법원서산지원 2016.07.13 2015가단2722
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) the land listed in paragraph 1 of the attached list shall be transferred, and it shall be listed in paragraph 2 of the attached list.

Reasons

1. Basic facts

A. On July 28, 1995, the Defendant purchased and owned Cand 544 square meters (hereinafter “C land”) and 137.8 square meters (hereinafter “C housing”) of a single-story farm household in the lub roof roof, a brick structure, and a lub roof, 137.8 square meters (hereinafter “C housing”) and 388 square meters (hereinafter “D land”).

On October 20, 2001, the registration of the establishment of a mortgage over the maximum debt amount of 80 million won was cancelled on September 5, 2008, and on September 8, 2008, the registration of the establishment of a mortgage over the maximum debt amount of 300 million won was cancelled on July 29, 2009, and on July 24, 2009, the registration of the establishment of a mortgage over the maximum debt amount of 280 million won was terminated on May 7, 201, and on May 7, 2010.

B. A voluntary auction procedure for each of the said real estate was commenced as Seosan-Support G for the Daejeon District Court (hereinafter “instant auction procedure”) upon the application of the Dasan Agricultural Cooperative, a mortgagee, and the Plaintiff purchased the said real estate in the said auction procedure on February 26, 2014, and completed the registration of ownership transfer in its name.

C. On March 25, 2014, the Defendant was residing in C’s house even thereafter, and the Plaintiff completed the extradition execution on May 14, 2014 under the order of the Daejeon District Court Seosan Branch H to deliver real estate.

The defendant owns on the land the same building as the attached Table No. 2 (hereinafter referred to as the "instant building") as that listed in attached Table No. 2.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 6 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, 4, and 5, video and the result of the appraiser I’s measurement and appraisal, the purport of the whole pleadings

2. Determination as to the claim for unjust enrichment with respect to C land and housing

A. The Plaintiff asserted that the Plaintiff did not transfer the ownership of the land C and the housing in the instant auction procedure, but occupied and used the land C and the housing for that period.

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