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(영문) 부산지방법원서부지원 2019.08.30 2018가단110545
토지인도 등
Text

1. The defendant shall remove the part of the attached list No. 2 from the building in the attached list No. 2, and the land listed in the attached list No. 1.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 2538626/1960 of the land listed in the attached Table 1 (hereinafter referred to as “instant land”) in the attached Table 393 square meters, among the land listed in the attached Table 1 (hereinafter referred to as “instant land”).

The Defendant is the owner of the building listed in the attached Table 2 (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant section for exclusive use”) No. 4 (hereinafter “instant section for exclusive use”).

B. After acquiring the ownership of the instant land on September 16, 1987, E established a collateral security with F Co., Ltd. on January 27, 1995. However, F, at the Busan District Court G Auction procedure commenced on the basis of the said collateral security, acquired the ownership of the instant land on July 8, 1997 after receiving a successful bid for the instant land.

On the other hand, H constructed the instant building by 11 households on the ground of the instant land, and made registration of ownership preservation on July 3, 1996, and sold each household unit.

The father of the defendant C, who is his father, was sold in lots the part of exclusive ownership of this case, which is one of his households, and registered the ownership transfer on November 21, 1996.

C. After acquiring the ownership of the instant land, F sold to the sectional owners of the instant building the share of the site proportional to the size of the entire site of the building.

F sold to I the remaining 15193/300 of the land in this case, which were sold to the sectional owners as above, and I transferred 5057.874/300 of the share of this case to the owner K and Lh owner M of the same J, the area of the instant section for exclusive use of the land in this case, and only owned the share of this case (the share of 5057.252/300 or the register was indicated as the share of 2538626/1900, and the share of this case was expressed as the share of 2538626/1960), and thereafter the auction procedure was commenced with the Busan District Court N, and the Plaintiff purchased the share of this case on July 21, 2017.

The owner who did not secure the share of the land corresponding to the section for exclusive use among the sectional owners of the building of this case.

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