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(영문) 수원지방법원 2017.04.20 2015가단113558
건물등철거
Text

1. The Plaintiff is among the multi-household housing with four floors of concrete roof 4, which is a concrete roof of reinforced concrete structure with 331 square meters high-level N in Sungsung-si.

Reasons

1. Basic facts

A. N in Sung-si, N in 331 square meters (hereinafter “instant land”) is the land owned by O.

P around January 1, 1991, intended to build a multi-household house on the land of this case, the construction work began from around that time to around that time.

B. P, on April 6, 191, withO as the owner of the building, newly constructed a multi-household house with the fourth and eight household units above the instant land (hereinafter “instant loan”) on the instant land, and subsequently, Q as the constructor, had Q perform the new construction work.

C. On the other hand, on May 18, 191, the registration of the establishment of the right to collateral security under the name of National Agricultural Cooperative Federation was completed, and on September 6, 1991, the registration of the establishment of the right to collateral security under the name of R was cancelled on the same day.

On September 191, 191, the construction of the instant Ba was completed by the firstman, and P sold or leased each of the households of the instant Ba, which was newly built on behalf of the O.

Accordingly, from around that time, people who sold or leased the instant loan began to move into the instant loan loan.

However, the loan of this case was not registered in the building ledger, and the loan of this case did not complete registration of preservation of ownership and remains now.

E. On December 26, 1992, upon the R’s request, the decision to voluntarily commence the auction on the instant land was rendered.

On February 10, 1993, when the auction procedure was in progress, the registration of ownership transfer was completed in the name of Dong city development corporation, and on April 9, 1993, the registration of ownership transfer was cancelled in the name of Dong city development corporation and S, as the registration of ownership transfer was completed in the name of Dong city development corporation and S. on May 18, 1993.

After that, on the land of this case, July 30, 1994.

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