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(영문) 수원지방법원 2014.06.10 2013가단218930
건물등철거
Text

1. The Plaintiff:

(a) Defendant A, B, C, and E shall remove the buildings listed in the separate sheet 2 and set out in paragraph 1 of the same list.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed in F’s name around August 25, 2005 with respect to the land listed in attached Table 1 of the process of changing the ownership of the instant land (hereinafter “instant land”). On or around June 3, 2008, at the request of the creditor Daegu Bank Co., Ltd., the decision to voluntarily commence the auction was rendered in Suwon District Court’s branch around June 3, 2008, and the registration of ownership transfer was completed due to sale due to voluntary auction around May 19, 2009, and the registration of ownership transfer was completed on or around May 12, 201.

B. Around August 2006, F entered into a subcontract with Defendant D, I, J, and Dongcheon-si, with the content that part of the structural amount of the structural amount of the construction for the construction of the instant building and the construction for the construction of the instant building from August 1, 2006 to September 2006. Accordingly, Defendant D and I entered into the said subcontract with each of the construction for the construction of the instant building at a fixed period of contract from August 1, 2006 to September 1, 2006. Accordingly, Defendant D and I, around that time, performed the structural construction of the instant building on the instant land and performed the said structural construction on October 206, as set forth in attached Table 2 (hereinafter “instant building”).

(2) The F died on or around December 28, 2007, and the Defendant A, B, C, and E succeeded to the instant building owned by F, and the Defendant D has a lien on the claim for the construction payment of the instant building as the preserved right.

[Ground of recognition] The plaintiff, defendant A, and D: The absence of dispute, Gap evidence 1-6, Gap evidence 3, Gap evidence 6-1, 2-7, Gap evidence 7-2, Gap evidence 8-5, the whole purport of the pleading, and the whole purport of the pleading between the plaintiff, defendant B, C, and E: Confession pursuant to Article 150 of the Civil Procedure Act.

2. Determination:

A. According to the above facts of determination as to the cause of the claim, unless Defendant A, B, C, and E, the owner of the instant building, prove that he/she has a legitimate title to possess the instant land, the Plaintiff, the owner of the instant land.

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