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(영문) 수원지방법원 2016.07.21 2014가단523141

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. 327,395,400 won and May 30, 2015

Reasons

1. Basic facts

A. The building listed in the separate sheet (hereinafter “instant building”) originally completed the registration of ownership transfer on April 19, 2007 by the ELD Industry (hereinafter “ELD Industry”). On June 29, 2007, the ELD industry completed the registration of ownership transfer on the instant building on the land trust company on the ground of trust on August 8, 2007, and again completed the registration of ownership transfer under the name of the industry on the ground of the trust property on the ground of the trust property on August 8, 2007. On the same day, one bank completed the registration of ownership transfer on the said building on the ground of trust property on November 30, 2010.

B. On November 30, 2010, EF borrowed KRW 8 billion from the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”). On November 30, 2010, ENF entered into a real estate security trust agreement with the Plaintiff as the first beneficial interest holder as the Korea Savings Bank, and completed the registration of ownership transfer for the Plaintiff on the same day.

C. The Korea Savings Bank applied for a public auction of 41 units from the first to the nineth floor of the 1st floor of the Yeongdeungpo-gu Seoul Special Metropolitan City A, including the instant building, on November 8, 201, and the Plaintiff issued a public auction notice on the instant building on November 17, 201 and commenced a public auction procedure on November 201.

In the above public auction procedure, the defendant alleged that he/she has the following claim for construction price concerning the real estate subject to the above public auction and reported the lien thereon:

(hereinafter referred to as the “instant lien”). 1. The applicant (hereinafter referred to as the “defendant”) set the construction cost as KRW 8,857,200,000, including value-added tax, at the request of the EL industry to construct the real estate for public sale on November 11, 2005.