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(영문) 대구지방법원포항지원 2015.11.03 2014가합1459

건물인도등

Text

1. The Plaintiff:

A. The attached list No. 4 shall be attached before Defendant Young-si Co., Ltd., and Dae-si Co., Ltd..

Reasons

1. Facts of recognition;

A. On July 2, 2013, the decision to commence compulsory sale of each real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “each real estate of this case”) issued a decision to commence compulsory sale by this court B with respect to each real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “instant real estate”) owned by ENN Korea on July 2, 2013 (hereinafter “instant auction procedure”), and the registration of the decision to commence compulsory sale was completed on July 4, 2013 (hereinafter “instant auction procedure”), and upon the voluntary application for auction by SNNFC, the court rendered a decision to commence compulsory sale of each real estate listed in the separate sheet Nos. 1, 2, and 4 as indicated in the separate sheet No. 31 on December 31, 2013.

B. In the instant auction procedure where the Defendants’ lien was reported by the Defendants, Defendant A filed a lien on August 7, 2013, alleging that the amount of service charges equivalent to KRW 87,221,550 for each of the instant lands; the Defendant Daeat Industries Co., Ltd. (hereinafter “Defendant Daeat Industries”) filed a claim for construction charges equivalent to KRW 385,00,000 for the instant building on August 22, 2013; and the Defendant Young-Bon Co., Ltd. filed a lien on August 26, 2013 with each of the instant claims for construction charges equivalent to KRW 15,03,150 for the instant building; and the Defendant Young-Bon Co., Ltd. (hereinafter “B before Defendant Dae”) filed a lien on December 30, 2013 with each of the instant claims for construction charges amounting to KRW 75,00,000 for the instant building.

C. On August 11, 2014, the Plaintiff, who acquired the Plaintiff’s ownership, was awarded a successful bid for each of the instant real estate at the instant auction procedure and subsequently paid the price in full, and completed the registration of ownership transfer on September 4, 2014.

The Defendant Daeeat Industries possessing each of the instant real estate installed containers at the entrance of each of the instant land at the time of completion of the construction of the instant building and each of the instant buildings.