건물인도
1. The Plaintiff (Counterclaim Defendant) shall:
A. The Defendant (Counterclaim Plaintiff) Incorporated Company B is listed in the attached Table 2 list.
1.The following facts of recognition may be found either in dispute between the parties or in combination with the purport of the whole pleadings in each entry of Gap evidence Nos. 1 to 7, Eul evidence Nos. 2, 3, 5, 6, and 7 (including the serial number; hereinafter the same shall apply):
① A Co., Ltd. (hereinafter “E”) purchased 13,223 square meters of factory sites in Fananando-gun, Chungcheongnam-gun, Chungcheongnam-gun, in January 201, and constructed a mooring yard and factory (hereinafter “instant factory”) on the ground around 2013, and installed machines and equipment to engage in the land mooring processing business (hereinafter “the instant factory”) (hereinafter “the instant factory, etc.”) on the ground, around January 201.
② E obtained a loan of KRW 8 billion from the Industrial Bank of Korea during the process of constructing the instant factory after purchasing the aforementioned factory site, and completed the registration of establishment of each of the maximum debt amount of KRW 2.4 billion with the former District Court’s 4830, Mar. 6, 2013, as the maximum debt amount of KRW 7.2 billion, and the same registry office on April 24, 2013, as the receipt of the maximum debt amount of KRW 9174, Apr. 24, 2013, respectively.
③ In order to secure G’s obligation, E completed the registration of creation of a neighboring mortgage on May 3, 2013 with respect to the instant factory, etc., by designating creditors as H Co., Ltd (hereinafter “H”) and the maximum debt amount as KRW 650,000,000,000.
④ E was unable to pay interest on loans of the Industrial Bank of Korea, and lost the benefit of the term of the above loans.
⑤ On April 1, 2015, H applied for a voluntary auction on the instant factories, etc. to the Jeonju District Court Support I, and on May 26, 2015, the Industrial Bank of Korea also applied for a voluntary auction on the instant factories, etc. to the Jeonju District Court Support J of Jung-Eup, which had been proceeding with the auction procedure upon receipt of a voluntary auction order on the same day.
(hereinafter “instant auction procedure”). (6) At around 2015, E had an auction procedure in the instant case.