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(영문) 수원지방법원안산지원 2020.12.18 2020가단67257
건물등철거
Text

1. The defendant (Appointed Party) A, Appointed C, and D:

A. The land is handed over to 86 square meters in Young-gun E, Chungcheongnam-gun, Chungcheongnam-do, and the above land.

Reasons

1. Facts of recognition;

A. The instant building and land were located on the instant building (hereinafter “instant building”) part (A) through 9, and 75 square meters on the ground that connects each point of (a) part of 75 square meters in order to be indicated in the attached drawing indication 1 through 9, and 1. The Defendant purchased the instant building and land from F, the former owner, around June 2017.

B. However, the Defendant, as the instant building was unregistered, failed to complete the registration of ownership transfer, and after completing the registration of ownership transfer only on the instant land on June 2, 2017, occupied and used the instant building and land until now.

C. Meanwhile, on June 16, 2017, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) of the instant land with respect to the G Association’s maximum debt amount of KRW 19.5 million (around 25.2 million) and the obligor’s Defendant’s right to collateral security (hereinafter “instant right to collateral security”).

Since then, the voluntary auction procedure regarding the instant land was conducted on the basis of the instant right to collateral security, and the registration of ownership transfer was completed on March 19, 2020 with respect to each of 1/3 shares of the instant land among the instant land on March 23, 2020.

E. The rent equivalent to the instant land from March 2020 to September 2020 is KRW 98,900 per month.

[Ground of recognition] Facts without dispute; entries or images of Gap 1 through 6; the result of a commission of appraisal of rent to appraiser H by this court; the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant, who actually acquired the right to purchase and use the unregistered building of this case and actually acquired the right to dispose of it, is obligated to remove the building of this case to the plaintiff (appointed) and the appointed party and deliver the land in possession, barring special circumstances.

In addition, the defendant on March 19, 2020 to the plaintiff (appointed parties) and the appointed parties.

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