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(영문) 대구지방법원포항지원 2016.09.20 2015가단6126

토지인도

Text

1. The defendant shall remove the real estate stated in attached list 2 to the plaintiff.

2. The defendant shall list the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 31, 2012, C purchased the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “the instant land”) and the above ground mentmen, bricks, and the house for the evaluation of mentmen and stones saves on the ground (hereinafter “the instant previous building”), and on the same day, C completed the registration of the establishment of a neighboring establishment in the name of the two Lere Saemaul Depository with respect to the instant land and the instant previous building, and borrowed KRW 73,000,000 from the two Lere Saemaul Depository.

B. C removed the instant previous building that was constructed on the instant land on February 2013, and obtained a building permit for constructing a reinforced concrete structure from the head of the Southern Si/Gun/Gu on February 13, 2013, and commenced a new construction on March 19, 2013. The building owner was changed to D on July 24, 2013 due to the shortage of construction cost, and again changed to the owner of the instant building on April 4, 2014.

C. On February 6, 2015, C delayed the payment of the loan to the two Koreas Saemaul Bank. On or around February 6, 2015, the two Koreas Saemaul Bank applied for voluntary auction to the Daegu District Court Branch Branch E in the collateral security right and started the voluntary auction procedure on the instant land. On June 29, 2015, the Plaintiff was awarded a successful bid of KRW 131,919,000 for the instant land in the said voluntary auction procedure and acquired ownership by fully paying the loan amount on July 13, 2015.

However, at the time of the application for voluntary auction, the two Korea Housing Corporation did not include the previous building of this case subject to auction because the previous building of this case was removed at the time of the application for voluntary auction, and at March 2, 2015, the Korea Housing Corporation was proceeding only with the Alley Corporation and the wall construction and suspended in the situation where there was no occupant.

E. Since then, the Plaintiff filed an application against the Defendant for provisional disposition prohibiting the disposal of real estate with the Daegu District Court Branch Branching 2015Kadan1507, and the said court did not obtain approval for the use of the instant land on August 31, 2015 with the right to claim the removal of real estate as the preserved right.