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(영문) 대구지방법원 2015.05.28 2014가단41275

건물철거 및 토지인도 등

Text

1. Defendant B:

(a) each building listed in paragraph 2 of the attached list shall be removed, and it shall be listed in paragraph 1 of the attached list.

Reasons

1. Determination as to the claim against the defendant B

A. On June 14, 2010, Defendant B, each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) from Nonparty F, as indicated in the separate sheet No. 1 (hereinafter “each of the instant lands”).

(2) On June 23, 2010, Defendant B purchased each of the instant lands and completed the registration of ownership transfer on June 23, 2010.) Defendant B obtained a loan from the Hyda Credit Union as security to raise funds for purchase of each of the instant lands, and completed the registration of ownership transfer on June 23, 2010, on the day when the registration of ownership transfer is completed.

3) The each of the buildings listed in the separate sheet No. 2 of the instant land by Defendant B (hereinafter “each of the instant buildings”) on each of the instant land.

(4) After completing the framework construction, Defendant B completed the registration of ownership transfer on November 19, 2010 on each of the instant land to Nonparty G, a construction business operator, as security for the obligation of construction deposit, and completed the registration of ownership transfer on December 14, 2012.

5) Meanwhile, as Defendant B was unable to repay its loan obligations to Sam-Hy Credit Cooperatives, the Sam-Hy Credit Union, the mortgagee of each of the instant lands, applied for a voluntary auction on each of the instant lands, and the land listed in the paragraph (a) of the attached Table 1 (hereinafter “instant land”).

The land listed in Section 1-B(b) of the Attached List No. 1 (hereinafter referred to as “instant land”) as to December 14, 2012.

(6) On December 24, 2012, each decision to commence voluntary auction was rendered on December 24, 2012, and the Plaintiff acquired ownership of each of the instant land on August 24, 2014 after receiving a successful bid for each of the instant land in each of the aforementioned voluntary auction procedures. < Amended by Presidential Decree No. 25517, Aug. 14, 2014>

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence 2 through 6, the purport of the whole pleadings

(b) removal of buildings and requests for delivery of land;