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(영문) 서울고등법원 2014.12.12 2013나24179

부동산인도

Text

1. The request for intervention by the independent party intervenor brought in the trial shall be dismissed;

2. The plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1, 5, 12, 13, 21 through 23, 27, 28, 35, 41, 47, 48, 97, Eul evidence Nos. 1, 3, 4, 5, 10, 11, 15, 18, 20, 101 evidence Nos. 1, 5, 12, 13, 21 through 23, 27, 35, 41, 47, 48, 97, and Eul evidence Nos. 1, 3, 4, 5, 11, 15, 18, 201

On August 29, 2003, the Defendant entered into a contract for the construction of a private house or facility with the representative of the D Religious Organization ECE Association, setting the construction cost as KRW 1.4 billion on each real estate listed in the attached list (hereinafter the building in this case) with F, and entered into the said contract for the construction of a private house or facility (hereinafter referred to as “the first construction”).

G completed the registration of ownership transfer based on sale on November 26, 2004 as to the instant building on the ground of sale on June 4, 2004. The Intervenor C concluded a contract for remodeling construction of the instant building with the Intervenor C, who is his birth, and completed the said remodeling construction around August 2005.

On the other hand, on June 22, 2005, the procedure for compulsory auction was commenced to the Incheon District Court Branch H on the building of this case. The defendant asserted the existence of the first construction claim of KRW 1.344 billion and reported the lien to the above auction court on August 14, 2006 while occupying the building of this case, the defendant reported the lien to the above auction court on August 14, 2006, and reported the amount of the first construction claim of KRW 1.2.2 billion on October 9, 2006.

(hereinafter the above lien shall be the first lien). (b)

On May 3, 2007, the defendant I submitted a letter of waiver of the first lien to the intervenor I obtained a decision of permission for sale of the building of this case at the above auction procedure, and requested the intervenor J to resolve the problem of lien on the building of this case and to take out the balance of sale.

On August 2007, the Intervenor J made the first lien against the Defendant on the condition that the Intervenor and the Defendant transfer to the Defendant the right of collateral security of KRW 700 million with respect to the building located in K in cash and in Chungcheong City.