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1. The plaintiff, the defendant Eul 37,846,142 won, the defendant Handong Construction Co., Ltd. 95,570,387 won, and the defendant Eul 25,906.
Reasons
1. Facts of recognition;
A. On October 18, 2012, with respect to the real estate listed in the separate sheet (hereinafter “the entire real estate of this case”), the auction procedure for the real estate (hereinafter “instant auction procedure”) was commenced as D with the Changwon District Court D with regard to the real estate (in combination with the auction procedure for the real estate E, which was commenced additionally with respect to the entire real estate of this case on October 22, 2012). In relation to the building listed in paragraph (2) of the separate sheet in the instant auction procedure (hereinafter “instant building”), Defendant B reported the amount of the claim as KRW 192 million in the instant auction procedure, Defendant Handong General Construction Co., Ltd. (hereinafter “Defendant Handong General Construction”) with the amount of claim as KRW 2.871 million in the amount of claim, and Defendant C reported the amount of claim as KRW 625 million in the amount of claim as KRW 625 million in the amount of claim.
B. The Plaintiff purchased the instant real estate at the instant auction procedure on March 30, 2015, with a plan to remove the instant building and newly sell it. However, the Defendants asserted a lien on the instant building. Defendant B continued to possess the portion 1,763.05 square meters (hereinafter “the portion of the instant real estate”) remaining 1,763.05 square meters (hereinafter “the portion of the instant real estate”), excluding the part 90.5 square meters, among the part 2,663.6 square meters of the instant building 3rd floor of the instant building, the part indicated by the drawing among the third floor 2,663.5 square meters of the instant building and the two floor 3,43.4 square meters of the instant building (hereinafter “the part of the instant real estate 2”), and Defendant C continued to occupy the portion of the instant real estate 12,636 square meters of the instant building 2,63.1 square meters and 36.36 square meters of the instant real estate (hereinafter “the instant part”).
C. Accordingly, on July 20, 2015, the Plaintiff filed an order against the Defendants to deliver real estate with the Changwon District Court F, and the Defendants’ lien on the instant building is not recognized. Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff (hereinafter “instant extradition order”).