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(영문) 수원지방법원 2014.12.11 2014가합3231
유치권부존재확인 등
Text

1. The defendant shall display to the plaintiffs a map in attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, among the area of 4,81 square meters in Osan-si.

Reasons

1. The Gangnam Agricultural Cooperative, a creditor of the underlying facts E, applied for voluntary auction on the buildings listed in the separate sheet (hereinafter “instant buildings”) to F in this Court, and received voluntary auction decision on March 26, 2012. On the same day, the registration of preservation of E ownership was completed on March 26, 2012 upon the entrustment of the decision to commence voluntary auction on the same day.

On the other hand, the beneficiary forest company, which is the creditor of E, filed a compulsory auction order on June 7, 2010 with respect to the building of this case with the court G G, Osan City D large 4,811 square meters and the building of this case, and thereafter, the compulsory auction order was issued on June 7, 2010.

On September 5, 2013, the Plaintiffs purchased the instant building, each of which is one-half shares, at the above auction procedure, D, 4,811 square meters and its ground.

The building of this case is constructed on the attached drawing No. 1,2,3,4,5,6,7,8,9, (10), (1), (2), (3), (4), and (4) the part of the 204.6m2 (hereinafter “the land of this case”) connected with each of the 4,81m2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. As long as the registration of ownership preservation of the owner of the instant building has been completed, it shall be presumed that the owner of the instant building has ownership to the registration titleholder (see, e.g., Supreme Court Decision 82Meu707, Sept. 14, 1982). However, since ownership of the newly constructed building is the original acquisition by the construction registrant, if the registration titleholder does not construct the new building, the presumption of the right to the registration is broken, and the registration titleholder has to prove the fact that he/she has lawfully acquired the ownership.

(See Supreme Court Decision 95Da30734 delivered on July 30, 1996). The fact that registration of preservation of ownership has been completed in the future regarding the instant building, as seen earlier, E is the same, and therefore, E is a building of this case.

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