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(영문) 의정부지방법원 2017.12.21 2016가단37259

건물철거 및 토지인도

Text

1. The defendant shall be the plaintiff.

(a) remove the real estate listed in paragraph 2 of the attached list and set out in paragraph 1 of the same list;

Reasons

1. Facts of recognition;

A. As to each real estate listed in the separate sheet Nos. 1 and 3, the Defendant completed the registration of ownership transfer on February 22, 2008 due to sale and purchase as of February 22, 2008. On May 9, 2013, the Defendant completed the registration of ownership transfer with the maximum debt amount of KRW 84 million, Defendant, Defendant, and Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”). On April 29, 2014, the registration of establishment of a mortgage was completed on November 10, 2014, with the maximum debt amount of KRW 250,000,000,000,000,000,000,000,000 won, Defendant, Defendant, and Korea Exchange Bank Co., Ltd.

B. C applied for the commencement of voluntary auction on each real estate listed in the separate list Nos. 1 and 3 on the basis of the aforementioned collateral security (the District Court D), and the above court issued a decision to commence voluntary auction on November 17, 2015.

(C) The auction procedure commenced by the above ruling (hereinafter referred to as “instant auction procedure”).

C on February 5, 2016, the application for voluntary auction of the building listed in the [Attachment List No. 3 (hereinafter “instant old building”) was withdrawn, and on April 7, 2016, the registration of the decision on voluntary auction of the instant old building was cancelled.

On September 29, 2016, upon C’s request on September 29, 2016, the District Court issued a decision on provisional seizure of real estate with the claimed amount of KRW 124,563,980 as to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “new building of this case”) on the ground specified in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

(J) The provisional attachment of the instant new building was completed on October 5, 2016 under the name of the Defendant with respect to the instant new building on the ground that there was no approval for the use of the instant new building. However, according to the commission of the registration of provisional attachment by the Jung-gu District Court on the provisional attachment on the instant new building on October 5, 2016.

E. C as the person entitled to the provisional seizure of this case, is the owner of the old building of this case.