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(영문) 수원지방법원평택지원 2015.08.21 2014가단16383

건물철거 및 토지인도

Text

1. The Defendant to the Plaintiff (Appointed Party), Appointed C, D, and E:

(a) the delivery of land listed in Appendix 1;

B. Attached 2.

Reasons

1. Basic facts

A. Of the land listed in attached Table 1 (hereinafter “instant land”), the registration of ownership transfer was completed in F and the name of the Defendant on the ground of “sale on February 15, 2008,” and the registration of ownership transfer was completed in F and the name of the Defendant on the ground of “sale on February 15, 2008,” and thereafter, the registration of ownership transfer was completed in G name on the ground of “Inheritance on February 29, 2012,” on November 19, 2012.

B. As to the instant land, on February 21, 2008, the maximum debt amount of KRW 195,000,000, the debtor F, the mortgagee, and the right to collateral security, registered the establishment of a neighboring mortgage livestock cooperative (hereinafter “registration of the establishment of a neighboring mortgage”) was completed. On December 201, 201, the Plaintiff commenced the new construction of a building listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant land. At present, the said building was suspended from construction and remains in the completion of the fourth floor above the ground.

C. Since then, Pyeongtaek-si Livestock Cooperatives applied for a voluntary auction on the instant land based on the instant collateral security, and decided to commence voluntary auction to H on July 4, 2013. On January 23, 2014, the Suwon District Court decided to commence voluntary auction. On January 23, 2014, there was a compulsory decision to commence compulsory auction on the instant land under G name 1/2 of the instant land.

Accordingly, the Plaintiff (Appointed Party) and the designated parties participated in each of the above auction proceedings and won each Plaintiff (Appointed Party), 20/200 shares, C, E, 28/200 shares, D 24/200 shares, and the land of this case on the ground of “sale by voluntary auction on September 30, 2014,” respectively, completed the registration of ownership transfer at the share of the auction.

[Ground of recognition] Fact that there is no dispute between the parties, each entry of Gap evidence Nos. 1 through 4 (including a provisional number; hereinafter the same shall apply), the result of the appraiser J’s appraisal, the purport of the whole pleadings. According to the above fact of recognition as to the cause of the claim, the defendant delivers the land of this case to the plaintiff (appointed party), the appointed party C, D, and E, and removes the building of this case.