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(영문) 서울중앙지방법원 2013.11.27 2012가합73382

토지인도 등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) remove each building listed in the separate sheet No. 2;

(b) annex.

Reasons

1. Basic facts

A. The defendant newly constructed a building of 10 stories above the second floor and ground surface on the ground of each land listed in the annexed Table 1 List Nos. 1 to 14 (hereinafter "the project site of this case"), and promoted the business of newly constructing an annexed parking lot of the building on the ground of each land listed in the annexed Table No. 1 to 18 (hereinafter "the parking lot site of this case", including the project site of this case, and "each land of this case"). On July 27, 2006, the defendant entered into an agreement with the plaintiff (the fire marine insurance company of the previous trade name before the change) to obtain a loan on July 26, 2007 with the interest rate of 8.5% per annum and the due date of payment as of July 26, 2007, and entered into a loan agreement with the plaintiff on July 15, 2006, and with the plaintiff on August 27, 2006 to obtain a collateral loan of each of the real estate loans of this case.

B. After that, the Defendant purchased the instant project site from June 29, 2006 to August 2, 2006, and completed the registration of transfer of ownership for the instant project site from July 3, 2006 to August 9, 2006, and after completing the registration of transfer of ownership for the instant project site, the Defendant completed the registration of transfer of ownership for the instant project site with respect to the instant project site on July 24, 2006, August 8, 2006, Hanol Trust Co., Ltd. (formerly: Multilateral Real Estate Trust; hereinafter “Iol Trust”) on August 9, 2006 with the first priority for the Plaintiff, and completed the registration of transfer of ownership due to the instant trust on each same day.

C. Meanwhile, on July 11, 2006, the Defendant started construction with a new building permit on the instant project site. From August 14, 2006 to September 19, 2008, the Defendant purchased the instant parking lot site from August 14, 2006 and completed each registration of the transfer of ownership from August 29, 2006 to October 12, 2006, and filed a report on the construction of each structure at that time, and on the instant parking lot site.