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(영문) 창원지방법원 마산지원 2018.06.21 2017가단6491
건물철거및 대지인도
Text

1. The Defendants indicated in the separate sheet to the Plaintiff as indicated in the Annex A, B, C, D, E, F, g, h. of the annexed sheet.

Reasons

1. Facts of recognition;

A. On November 4, 2006, the Defendants’ subsidiaries owned an unauthorized building (hereinafter “instant building”) that is a part of the ship, which is a part of the land listed in the separate sheet (hereinafter “instant building”) and the land attached thereto, indicated in the separate sheet (hereinafter “instant land”) and an unauthorized building (hereinafter “instant building”) connected with each point of the following:

B. The Defendants and Nonparty H, the mother of Nonparty G, completed the registration of ownership transfer on January 5, 2007 with respect to the instant land based on inheritance by agreement division. Defendant E completed the registration of ownership transfer on June 29, 2012 with respect to two-thirds of the above land based on the restoration of authentic title.

C. On July 8, 2013, the Plaintiff’s share of 2/13 of Defendant E in the instant land is the same month.

3. A registration of ownership transfer was completed due to a compulsory auction, and on August 18, 2014, I completed the registration of ownership transfer due to sale on the 14th of the same month with respect to one-third share among them.

As the J died on October 21, 2013, the Defendants and G completed the registration of ownership transfer on May 13, 2014 with respect to H’s share 11/13 of the instant land, based on inheritance. The Defendants, as H’s children, are 1/5 of the statutory inheritance portion.

Meanwhile, on October 1, 2014, the Plaintiff was awarded a successful bid in the real estate compulsory auction procedure on the same month among the land in this case by the Defendants and G.

2. After completing the registration of ownership transfer, on November 3, 2017, the registration of ownership transfer based on sale and purchase on the same day shall be completed with respect to one-third portion of the above land.

E. The Plaintiff filed a claim against the Defendants and G for a land rent claim with the Changwon District Court Decision 2015Da332, Changwon District Court Decision 2015Na332, and the said court held that the Defendants and G’s legal superficies for the instant building were established on September 24, 2015 on the premise that the instant land was constituted by the Defendants and G’s legal superficies.

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