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(영문) 의정부지방법원고양지원 2015.02.12 2013가단511308
건물철거등
Text

1. The Defendants removed the buildings indicated in the separate sheet on the land of 530 square meters in Pakistan to the Plaintiff, and the part thereof is the site.

Reasons

1. Facts of recognition;

A. On October 8, 2010, the Plaintiff acquired the right to collateral security and superficies of KRW 1.1 billion with respect to the land of KRW 530 square meters (hereinafter “instant land”) and KRW 315 square meters (including the instant land) and KRW 737 square meters with respect to the land owned by Defendant A, the Plaintiff acquired the right to collateral security and superficies of KRW 1.1 billion with respect to the land of KRW 315 square meters and KRW 337 square meters with respect to the land of this case (hereinafter “instant mortgaged real property”). As above, the Defendant A provided the Plaintiff as collateral when establishing a right to collateral security and superficies, and, if the Plaintiff did not arbitrarily dispose of or remove the building, provided that the Plaintiff would not raise any objection (hereinafter “each of the instant land”).

B. Since then, Defendant A constructed a building listed in the separate sheet (hereinafter “instant building”) on the instant land and obtained approval for use on or around June 7, 201, and on September 5, 2011, upon Defendant B’s application for provisional disposition, registration of ownership preservation was completed in the future of Defendant A regarding the instant building.

C. Defendant B filed a lawsuit against the Defendant A claiming the ownership transfer registration of the instant building (the District Court Decision 2011Kadan29065), and the judgment ordering the Defendant A to implement the ownership transfer registration procedure (hereinafter “the instant judgment”) was rendered final and conclusive in the said litigation procedure.

On September 19, 2012, in relation to the Plaintiff’s application for voluntary auction by exercising the right to collateral security on the instant secured real estate, the voluntary auction procedure (JJJ G) commenced on September 19, 2012, but several faileds, and eventually, the Plaintiff withdrawn the application for auction on November 1, 2013.

[Reasons for Recognition: Each entry in Gap evidence (including partial numbers), the purport of the whole pleadings]

2. Where a mortgage is acquired on the land which is determined on the cause of the claim as well as superficies is acquired in order to secure the value of the mortgage, unless there are special circumstances.

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