beta
(영문) 서울중앙지방법원 2018.03.28 2017가합536208

건물명도(인도)

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant A shall indicate the attached Form 3 among the buildings listed in the attached Table 1 list and the six floors of the above building.

Reasons

1. Facts of recognition;

A. The conclusion of a credit transaction agreement and a real estate security trust agreement is 1) Plaintiff (ex officio; hereinafter “Plaintiff”).

On September 30, 2010, Defendant A entered into a credit transaction agreement with Defendant A with a maximum amount of 14 billion won, and New Live Capital Co., Ltd. (hereinafter “New Capital”);

On the same day, Defendant A entered into a loan transaction agreement with Defendant A for the amount of KRW 2 billion. 2) On September 30, 2010, the Plaintiff, New Hanby Capital, and Defendant A entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with respect to the building and its site as indicated in the attached Table 1 (hereinafter “instant building”) in order to secure Defendant A’s respective obligations for the loans. The truster, the trustee, the Plaintiff, the first beneficiary, and the first beneficiary, as well as the new capital, and the Plaintiff completed the registration of ownership transfer based on the trust.

B. Defendant A, around November 2010, connected the six floors of the instant building with each point indicated in the drawings 1 through 6, and 1 attached Table 3 to the six floors of the instant building, had been used for wedding business by extending the area of (i) part of the structure of the xex roof, 279 square meters, 1 to 1 floor of the roof tower, and 685.6 square meters of the structure of the (b) part of the board board board and the top line board board structure, which are successively connected with each point of (c) part of the attached drawings 1 through 6, and 45.5 square meters of the board board board and the top line board structure, which are successively connected with each point of (c) part of the attached drawings 5 square meters on the 6th floor of the instant building.

Meanwhile, there was a judgment that the above extension section was consistent with the building of this case in the lawsuit seeking the removal of the above extension section against the defendant A (Seoul Central District Court 2017Gahap536215).

(hereinafter referred to as “the instant extension portion” and “the instant building, etc.” when combined with the instant building and the instant extension portion.

The assignment of claims and the amendment of the trust contract 1) The Plaintiff and the New Capital are the Korea Stock Bank on November 12, 2014 (hereinafter referred to as the “Korea Stock Bank”).