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(영문) 수원지방법원 2016.11.11 2015가단116571
토지인도
Text

1. The defendant shall pay 32,194,400 won to the plaintiff and shall be from the day after the day when this judgment is finalized to the day of complete payment.

Reasons

1. Basic facts

A. The defendant completed the registration of transfer of ownership on April 20, 1998 with respect to the building for cement bricks, bricks, sap sapmentes on the ground and cement bricks, 68 square meters (hereinafter “the instant building site”) in Yong-si, Chungcheongnam-si, the defendant completed the registration of ownership transfer.

Since then, the Defendant (hereinafter referred to as the “previous building”) was a new building built on or around November 2004, and acquired the ownership of a steel-framed neighborhood living facilities building (hereinafter referred to as the “instant building”), but did not complete the registration of ownership preservation of the instant building due to the lack of approval for use.

B. The Defendant, upon obtaining a loan from a new bank, completed the registration of the establishment of a neighboring mortgage on the instant site to the Suwon District Court, Suwon District Court, Ganwon District Court, Port Office, and Port Office, No. 80254 on April 28, 2005. However, the previous building already removed was registered as a joint collateral, and the registration of the establishment of a neighboring mortgage was completed several times on May 1, 2006 by Gani-si, Suwon District, which was the Republic of Korea (Disposition Office) since it completed the seizure registration on the instant site.

C. The Plaintiff purchased the instant site in the process of public sale on February 18, 2013, and completed the registration of ownership transfer on May 7, 2013.

The previous building was closed on November 1, 2012 due to the destruction on July 11, 2005, and the building of this case is located on 1, 2000 m32 and 86 m2. The building of this case is located on the ground of ship 1, 2, c. 36 m2 connected each of the points in D, E, the neighboring road site including the site of this case, and E, the appraisal of attached Form 15 through 27, and 15 m2.

[Ground of recognition] The fact that there is no dispute, Gap's statements in Gap's 1 through 3, 6 through 8, the result of the commission of surveying and appraisal to appraiser F, the purport of the whole pleadings

2. Part demanding the removal of the building and delivery of the site

A. The plaintiff 1's assertion by the parties is either the plaintiff's obstruction or removal, who is the owner of the site of this case.

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