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(영문) 전주지방법원군산지원 2013.11.28 2013가합1213

건물명도

Text

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

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) owned the real estate listed in the separate sheet No. 1, which is a golf practice range (hereinafter “instant building”) and the corporeal movables listed in the separate sheet No. 2 and No. 3, which are installed in the said building (hereinafter “instant corporeal movables”).

B. On April 29, 2009, the Defendant purchased corporeal movables in the auction procedure as indicated in the attached auction list No. 2008, 2182 of this Court, and completely paid 2,601,000 won for the sale price. On July 27, 2010, the Defendant purchased them in the auction procedure for corporeal movables in the attached auction list No. 2009,1958 of this Court, and completely paid 104,950,000 won for the sale price.

C. The Defendant entered into a lease contract for KRW 1,00,000, and KRW 100,000 with respect to the instant building and B, and registered its business with the trade name “C” on February 23, 2010 and on the same day.

The following cities: (a) as the Plaintiff Company B (hereinafter “B”) did not pay taxes, the attachment registration was completed by seizing the real estate listed in the separate sheet No. 1 (hereinafter “instant building”); (b) the Korea Asset Management Corporation commenced a public auction procedure on the said building according to the entrustment at the time of Insan City and made a public auction notification on July 11, 2012; and (c) on June 14, 2013, the Plaintiff completed the registration of ownership transfer on the instant building due to the said public auction procedure on July 17, 2013 by fully paying KRW 902,270,000 in full.

E. The Defendant filed a lawsuit against the Plaintiff for the confirmation of ownership of the instant corporeal movables by Seoul Western District Court 2013Gahap34822 (hereinafter “relevant lawsuit”) and is currently pending the said lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 6, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties' assertion is the owner who purchased the building of this case in the process of public sale, and the defendant is the defendant.