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(영문) 서울중앙지방법원 2019.07.24 2018가합567100
지상물 철거 및 토지 인도 등 청구의 소
Text

1. The defendant is established in each land indicated in the attached list of real estate in attached Form 1 to the plaintiff.

Reasons

1. Basic facts

A. On October 1, 2003, C entered into a lease agreement between D and D with the content that C leases the instant land owned by the said clan with a lease deposit of KRW 4.5 million per annum, KRW 13.6 million per annum, KRW 13.6 million per annum, and KRW 20 years per lease term (hereinafter “instant lease agreement”).

B. C established a golf range on the ground of the instant land and operated a golf range.

(hereinafter “The instant golf driving range”). On March 25, 2008, C took out a loan of KRW 2 billion from the Defendant and decided to transfer the ownership of the instant golf driving range to the Defendant by means of the possession and alteration of the ownership of the instant golf driving range for the purpose of securing the repayment of the said loan, and on this basis, C drawn up a notarial deed of money loan for transfer security (No. 138, 2008 by a notary public) with the Defendant.

(hereinafter “instant transfer security agreement”). C.

On September 23, 2015, the Plaintiff purchased the instant land from Class D, and completed the registration of ownership transfer on the instant land on June 29, 2018.

Since then, the Plaintiff continued to remove the instant golf driving range in order to carry out the new construction project of multi-family housing, and around July 13, 2018, the Plaintiff removed most of the instant golf driving range except for the golf course’s water network and the steel tower installed in the attached Form No. 1 or part (hereinafter “instant steel tower”).

E. Accordingly, on July 24, 2018, the Defendant notifies the Plaintiff of the fact that “the right of the instant golf driving range is a mortgagee, and thus, the Defendant is the Defendant, who is the mortgagee, to suspend any act that reduces the value of the instant golf driving range, such as removing or damaging the instant golf driving range.” The Defendant sent a notice to the Plaintiff, attached a notice containing the above contents on the instant steel tower, and attached a notice to C, and against C, the act of removing the relevant golf course network and the instant steel tower at the Suwon District Court 2018Kahap10236

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