토지인도 등
1. The Plaintiff:
A. Defendant A, 1) remove each building listed in paragraphs 3 and 4 of the attached list, and 2) set forth in the attached list 1 and 1.
1. Basic facts
A. On June 23, 2012, with respect to each of the lands listed in paragraphs 1 and 2 of the attached Table Nos. 1 (hereinafter “instant land”), on which C had been owned, the registration of the establishment of a mortgage-backed property (hereinafter “Korea Bank”) was completed on June 23, 2012, with respect to the establishment of a mortgage-backed property (hereinafter “Korea Bank”), KRW 305,400,000, the maximum debt amount, and KRW 39,000,000 as the debtor C.
(hereinafter “each of the instant mortgage”). B.
Defendant A received the registration of ownership transfer from C on June 14, 2013.
C. On the instant land, in around 2014, the Korean bank applied for the commencement of voluntary auction to the Cheongju District Court D on the basis of each of the instant collateral mortgages, and on May 19, 2014, the registration of the decision to commence voluntary auction was completed.
(hereinafter “Voluntary Auction”) D.
In the auction procedure of this case, the Plaintiff purchased each land listed in attached Tables 1 and 2 (hereinafter “instant land”) and acquired ownership on the same day by completely paying the purchase price on October 5, 2015.
E. From October 5, 2015, Defendant A had obtained a new building permit on the ground of the instant land prior to that date, and had constructed a building listed in the attached Tables 3 and 4 (hereinafter “instant building”).
F. Defendant B asserted a lien based on the claim for the construction price as to the instant building and possessed the instant building before October 5, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the facts acknowledged in the above 1. Paragraph (1) above, Defendant A, the owner of the instant building, occupied the instant land by owning the instant building on the ground of the instant land, thereby hindering the Plaintiff’s exercise of land ownership, thereby gaining profits from the possession and use of the land.