beta
(영문) 인천지방법원 2017.11.07 2016가단46122

제3자이의

Text

1. The Plaintiff (Counterclaim Defendant) shall be registered with the Incheon District Court on May 2, 2016, with respect to the real estate stated in the attached list to Cridge.

Reasons

1. Basic facts

A. Around December 14, 2012, C Educational Association (hereinafter “C Educational Association”) borrowed KRW 400,000,000 to the Defendant, and completed the registration of the establishment of a mortgage over the total of eight real estate, including the land and the land, G, and the land, building, H, I, and J, of KRW 520,00,00,00 for the maximum debt amount, to the Defendant.

B. However, upon delinquency in debt by the Chys Association, the Defendant filed an application for voluntary auction with the Incheon District Court D regarding the foregoing collateral, and the decision on voluntary auction was rendered on May 8, 2014.

(hereinafter referred to as the “instant auction”) C.

On the other hand, among the above collateral, the church principal building is owned by K, a foundation, and there are annexed buildings (educational officers) and toilets (hereinafter “instant building”) stated in the attached Table.

However, in the auction of this case, the building of this case was deemed as the accessory to the above church building and was included in the auction subject matter, and among them, the value of toilets was 3,050,000 won and the value of the education officer was 4,50,000 won.

After that, on May 17, 2016, the registration of ownership preservation was completed in the future of the Cridge, and on May 16, 2016, the registration of ownership transfer was completed on the ground of the sale as of May 16, 2016 (hereinafter “instant sales contract”).

[Reasons for Recognition] Facts without dispute or Gap evidence 1-1, 2, 2-1, 2-1, and Eul evidence 13-1, the purport of the whole pleadings

2. The parties' assertion

A. If the Plaintiff’s assertion is intended to be the accessories of the church building, the two should be owned by the same person.

However, while the church principal building is owned by K as an incorporated foundation, the building of this case was owned by the past C church, and since the plaintiff properly purchased it and currently owned by the plaintiff, it cannot be viewed as the relation between the main and the accessory.

In other words, the Plaintiff shall store the instant building as a warehouse.