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(영문) 대전지방법원천안지원 2019.04.24 2017가단107861

퇴거

Text

1. The Plaintiff, the DefendantB, in the building listed in attached Form 3, and the DefendantC, in the building listed in attached Form 4.

Reasons

1. Facts of recognition;

A. On September 7, 2015, the Plaintiff purchased the instant land and paid in full the sale price, and completed the registration of ownership transfer in the name of the Plaintiff on the following day.

B. On December 15, 2015, E purchased the instant building in the process of compulsory auction for real estate listed in attached Table No. 2 (hereinafter “instant building”) in attached Table No. 2 (hereinafter “instant building”) and paid in full, and completed the registration of ownership transfer under E as to the instant building on December 21, 2015.

C. On December 31, 2015, in order to preserve the right to claim removal of buildings and delivery of land against E with respect to the instant building, the Plaintiff received a provisional disposition order (Seoul District Court Decision 2015Kadan10881, Dec. 31, 2015) and completed the entry registration (hereinafter “instant provisional disposition registration”).

Then, the Plaintiff filed a lawsuit against E on the ground that the instant building interferes with the ownership of the instant land by Daejeon District Court Decision 2016Gadan10187, Daejeon District Court, which sought reimbursement of unjust enrichment equivalent to the removal of the instant building, the delivery of the instant land, and the rent. On June 28, 2017, the said court rendered a judgment on June 28, 2017 that “E removes the instant building to the Plaintiff, removes the instant building, delivers the instant land, and pays money at the rate of KRW 1,453,80 per month from December 16, 2015 to the completion date of the removal and delivery” (hereinafter referred to as “the judgment on the previous lawsuit”).

Accordingly, E appealed by the Daejeon District Court 2017Na109746, but the appeal was dismissed on January 17, 2019, and the judgment of the previous suit became final and conclusive around that time.

E. On August 2, 2017, the Plaintiff filed an application for compulsory auction to Daejeon District Court Branch F for a compulsory auction under the name of debt with respect to the instant building on the part of the judgment on the previous suit of this case, and rendered a compulsory auction decision on August 2, 2017.

(hereinafter “instant compulsory auction”). The above compulsory auction procedure is required.