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(영문) 의정부지방법원고양지원 2017.04.19 2015가합72903
건물철거 등 청구의 소
Text

1. For the plaintiffs:

A. Defendant H shall enter each building listed in the separate sheet 3 through 12, and Defendant I shall enter the separate sheet 13 attached hereto.

Reasons

1. Facts of recognition;

A. On April 10, 2015, the Plaintiffs sold each of the lands listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant lands”) in the procedure of the voluntary auction for Gyeyang-gu Seoul High Court (hereinafter “instant voluntary auction”). On the same day, the Plaintiffs completed each registration of transfer of ownership as the receipt of the senior registry office for the High Court of Goyang-gu Branch of the High Court. The Plaintiffs’ individual co-ownership shares on each of the instant lands are as listed in the separate sheet No. 14 co-ownership.

B. Each building listed in the separate sheet 3 through 13 (hereinafter “each building of this case”) is constructed on the ground of each land of this case.

C. Defendant H completed the registration of transfer of ownership as of the first half portion of each building listed in the separate sheet 3 through 11 as of December 4, 2012, 161, received on December 7, 2012 from the Goyang-dong District Court, 16141, which was received on December 7, 2012, and as to the remainder of the first half portion of each building on February 5, 2013 by the same registry office as of March 4, 2013 due to sale and purchase on February 5, 2013, and completed the registration of transfer of ownership as of the building listed in the separate sheet 12 as of March 5, 204 by the same registry office No. 137689, Sep. 17, 2009.

Defendant I completed the registration of ownership transfer as No. 184168, Dec. 9, 2014, with respect to the buildings listed in the attached Table 13 list, by reason of sale on December 9, 2014.

E. Defendant J occupies the buildings listed in the separate sheet No. 3; Defendant K used the buildings listed in the separate sheet No. 4; Defendant L used the buildings listed in the separate sheet No. 5; Defendant M and N used the buildings listed in the separate sheet No. 8; DefendantO used the buildings listed in the separate sheet No. 9; Defendant P used the buildings listed in the separate sheet No. 13; Defendant Q Q used the buildings listed in the separate sheet No. 11; and Defendant R occupied the buildings listed in the separate sheet No. 12.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 13, the purport of the whole pleadings

2. Requests for removal of each of the instant buildings, and requests for delivery of each of the instant lands.

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