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(영문) 인천지방법원 2017.04.27 2016가합2402

건물퇴거

Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, among the 508.67 square meters of the first floor of the building indicated in the attached Form No. 1, 2, 3, 4,

Reasons

1. Determination on Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

A. The Plaintiff is the owner of the Nam-gu Incheon Metropolitan City E 1447.3 square meters (hereinafter “instant site”) and the Defendant Company is obligated to withdraw from the part occupied by the Defendant Company, as the Defendant Company occupies the entire floor of the underground floor and the 8th floor on the ground without title, which occupies the instant site (hereinafter “instant building”).

(b) Article 208(3)3 of the Civil Procedure Act of the applicable Acts and subordinate statutes (a judgment by public notice);

2. Determination as to Defendant B and D

A. (i) The F is awarded the instant land on May 26, 1995 and completed the registration of ownership transfer on July 25, 1995. The Sheshesheet F is the Plaintiff and G (hereinafter “Plaintiff, etc.”) on June 20, 2002.

In borrowing KRW 2.3 billion from the Plaintiff, the registration of provisional seizure, etc. established on the instant site shall be cancelled, and the Plaintiff, etc. shall set up a provisional registration of first priority collective security, superficies, and right to claim ownership transfer, and the name of the owner of the building under construction on the instant site shall be changed to the Plaintiff, etc., and if the owner of the building fails to comply with it, a written agreement was made to pay the principal, interest (48%) and damages (10% of the principal) (hereinafter “instant agreement”).

In addition, on July 16, 2002, F issued a new certificate of personal seal impression for sale to the plaintiff et al. on a three-month basis, but, if not implemented, F prepared a letter of performance that transfers the instant land to the name of the plaintiff et al.

On July 2, 2002, in accordance with the instant agreement, the establishment registration of the mortgage between the debtor F, the mortgagee, the plaintiff H, and the maximum debt amount of KRW 1.65 million was completed on the instant site, the registration of the creation of superficies between the plaintiff and I and the right holder, and the right to claim the transfer of ownership against the plaintiff et al. as the right holder.

x) On the other hand, the site of this case is the debtor F, July 2, 2002.