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(영문) 창원지방법원통영지원 2016.11.02 2016가단1150

토지인도 등

Text

1. The defendant shall be the plaintiff.

(a) (1) Attached 2 Map 1 to 5, and 1, respectively, on the ground of the land listed in Attached 1 List 1.

Reasons

1. Facts of recognition;

(a) On each land listed in the separate sheet No. 1 (hereinafter referred to as “the instant land,” and, where specific needs arise, according to the sequence listed in the separate sheet No. 1), there are approximately KRW 38§³ of the sculpture Round roof (house) containing part No. 2 in the separate sheet No. 2, and approximately KRW 68§³ among the sculpture Round and lushes, which contain part No. 68§³ (house and toilet), and approximately KRW 36§³ of the red tide mentor and the lushes, including part No. 2).

(hereinafter referred to as "the building of this case", and the outline of each building shall be as shown in attached Form 3 and the outline of each building.

The instant buildings are unregistered buildings whose registers and registers are not bound, and their major parts, such as drawings Nos. 2 and 3 and indications of the opening of buildings, are on the instant land. However, some of the instant buildings extend over land Nos. c and D, etc. in common.

C. On April 24, 2012, the Defendant purchased the instant land and 89 square meters, E, Si-si, Si-si (hereinafter “instant land”), and completed the registration of ownership transfer for the said land on the same day.

In addition, the defendant purchased the land of this case and E, together with the building of this case, from that time to that time, occupied and used the building of this case and the land of this case, which is its site.

On January 8, 2015, the Defendant established a right to collateral security for creditors F. F. the maximum debt amount of KRW 40 million with respect to the instant land and E and completed the registration of creation of a mortgage, but was not included in the said right to collateral security because the instant building had not been registered.

E. On February 12, 2016, the Plaintiff was awarded a bid for the instant land and E land in the voluntary auction procedure (this court G) requested by F, and completed the registration of ownership transfer on the said land on the 16th of the same month.

【No dispute over the basis of recognition】A, entry of Gap’s evidence 1, 2, 3, and Eul’s evidence 1 through 5, and the branch offices of this court in the Korea Land Information Corporation.