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(영문) 대전지방법원 2018.05.23 2017가합105580
건물등철거
Text

1.For the plaintiff:

The trustee in bankruptcy of the defendant bankrupt C shall remove the buildings listed in attached Table 2, and the list in attached Table 1.

Reasons

1. Basic facts

A. On November 1, 2010, C completed the registration of ownership transfer on October 27, 2010 with respect to each parcel of land listed in the separate sheet No. 1 (hereinafter “instant land”). On the same day, C completed the registration of ownership transfer on the grounds of sale on October 27, 2010. The registration of ownership transfer was completed on the same day with respect to the said land as KRW 4.2 billion with respect to the maximum debt amount, C

(hereinafter “instant collateral security”). B.

On August 17, 2017, the Plaintiffs completed the registration of ownership transfer based on the sale due to voluntary auction (each of 1/2 shares), and on the same day, the instant right to collateral was cancelled due to the sale due to voluntary auction.

C. At present, each building listed in the separate sheet No. 2, which is owned by C (hereinafter “instant building”) exists in the instant land, and Defendant E is residing in the said building.

On March 30, 2017, as to C, the bankruptcy was declared on March 30, 2017, and Defendant D (hereinafter referred to as “Defendant trustee in bankruptcy”) was appointed as trustee in bankruptcy.

(Seoul Rehabilitation Court 2017Hadan1681). [Reasons for Recognition] Defendant Bankruptcy Trustee: A without dispute, Gap evidence 1 through 7, Eul evidence 1, Eul evidence 2, Eul evidence 2 (including each number; hereinafter the same shall apply), defendant E with the purport of the whole pleadings: Confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the facts as seen earlier prior to the determination of the cause of the claim, the plaintiffs who exercise the right to claim the removal of disturbance based on ownership as co-owners of the instant land, the defendant bankruptcy trustee is obligated to remove the instant building and deliver the said land to them, and the defendant E is obligated to leave the said building.

3. Judgment on the assertion by the Defendant trustee in bankruptcy

A. At the time of the establishment of the instant mortgage, the gist of the Defendant bankruptcy trustee’s assertion is as follows: (a) the Seo-gu Daejeon-gu F land among the instant land, Seo-gu, Daejeon-gu, Daejeon-gu, is a cement block structure, bridges, roof 75.6 square meters (hereinafter “F land”) and G land.

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