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(영문) 대전지방법원홍성지원 2019.07.16 2018가단411

건물명도(인도)

Text

1. It is confirmed that the defendant's lien does not exist as to each real estate listed in the separate sheet.

2...

Reasons

1. Basic facts

A. C (D) New Construction Works 1) E purchased F land in the Chungcheongnam-gun Hong-gun on December 27, 201, and completed the registration of ownership transfer on February 15, 2012.2) E awarded a contract to a stock company G (hereinafter “G”) for construction cost of KRW 356,150,000 on the said land (hereinafter “C New Construction Works”). G completed each of the real estate listed in the separate sheet (hereinafter “each of the instant housing”) in the separate sheet.

3) According to the order of provisional seizure against real estate (No. 2012Kahap135) rendered on June 29, 2012 by the Daejeon District Court, which was applied by H as a creditor of E, the registration of preservation of ownership was made in the name of E in relation to each of the instant housing on the same day. (B) G transferred KRW 378,79,000 to the Defendant, who was an employee on June 14, 2016, and notified the assignment of the claim to E on June 24, 2016, and thereafter notified E of the assignment of the claim to E on June 24, 2016.

2) On August 22, 2016, the Defendant filed a lawsuit against the Plaintiff for the payment of KRW 378,79,000 against Hongsung Branch of Daejeon District Court Decision 2016Gahap827. On December 8, 2016, the above court accepted the above claim on December 8, 2016, and rendered a judgment that “The Defendant (E) shall pay to the Plaintiff (the Defendant) 378,79,000 won with the annual interest of KRW 5% from December 21, 2013 to August 4, 2016, and the annual interest of KRW 15% from the next day to the date of full payment,” and the above judgment became final and conclusive as is on December 29, 2016, with respect to each of the instant housing units E (acquisition of the Plaintiff’s ownership) as the obligee’s auction procedure for each of the instant housing units, namely, the Daejeon District Court’s application for the instant real estate auction.

2) In the instant auction procedure on September 20, 2016, the Defendant: (a) held a lien on the outstanding amount for the construction price at KRW 461,927,569 (i.e., the principal amount at KRW 378,79,000; (b) KRW 83,128,569.