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(영문) 대전고등법원 2015.05.28 2014나1360
유치권부존재확인 등
Text

1. The judgment of the first instance court, including the plaintiffs' preliminary claims added at the trial court, shall be modified as follows.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 2 and 18 (including each number), and the purport of the whole pleadings:

On July 29, 2011, D Co., Ltd. (formerly: E Co., Ltd.; hereinafter “Nonindicted Co., Ltd”) created a right to collateral security as described below with respect to each of the instant buildings to the Plaintiffs.

[Attachment 1] Attached Table 1, 7, 13, 14, 19, 20, 25, 26, 31, 32, 37, 38, 43, 49, 50, 55, 56, 61, 62, 67, 68, 71, 72, 75, and 78 of each real estate stated in attached Table 1, 7, 13, 14, 20, 25, 31, 36, 32, 30, 300, 38, 43, 49, 50, 50, 50, 40, 50, 72, 75, and 78, on July 29, 2011, excluding the above real estate among each real estate listed in the attached Table of Yangcheon Credit Cooperatives, and the remainder of the real estate, excluding the above real estate among the two real estate.

B. On February 2012, the Plaintiffs filed an application for voluntary auction on each of the instant buildings with the Daejeon District Court Branch.

On February 15, 2012, the above court rendered a voluntary decision to commence the auction of each of the instant buildings as G and H (combined). On February 16, 2012, the registration of the decision to commence the auction of each of the instant buildings was completed on February 16, 2012 (hereinafter “registration of the decision to commence the auction of this case”).

C. The plaintiffs jointly purchased each of the buildings of this case in the above voluntary auction procedure and paid in full the sales price. Accordingly, for the shares of 54/80 among each of the above buildings, the registration of transfer of the ownership of the Plaintiff Yangcheon Credit Union was completed respectively.

The defendant currently occupies each of the buildings of this case.

2. As to the main claim

A. According to the above facts of recognition as to the cause of the claim, as long as the defendant has no right to possess each of the buildings of this case, he is obligated to deliver each of the above buildings to the plaintiffs who are its owners.

(b).

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