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(영문) 대구지방법원경주지원 2015.11.17 2014가단5633
토지인도 등
Text

1. The Defendant is the Plaintiff with regard to KRW 7,053,381 and KRW 263 square meters in racing-si from July 17, 2015, and KRW 272 square meters in D.

Reasons

1. Basic facts

A. On November 25, 1980, the Defendant completed the registration of ownership transfer on the ground of sale on July 16, 1974 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094) with respect to the land of this case 263 square meters prior to C (hereinafter “the instant land”) and D 272 square meters (hereinafter “the instant land”) on November 25, 198, the Defendant completed the registration of ownership transfer on the ground of sale on July 16, 1974. On August 10, 1998, the Defendant completed the registration of the establishment of a neighboring mortgage on each of the instant land with respect to the payment of maximum debt amount of KRW 26 million with respect to each of the instant land, the debtor, the Defendant, and the Defendant for

B. The Daegu District Court 2003Kadan3520 decided on July 25, 2003, which issued a provisional attachment order against the Defendant on the real estate of 49.58 square meters in the land of this case, and of 17.85 square meters in the cement bedle, cement bedle, and cement bedle, and the provisional attachment order was issued on July 25, 2003. The registration of preservation of ownership in the name of the Defendant and the registration of entry of the provisional attachment was completed on July 25, 2003 by the race and water cooperative on behalf of the Defendant.

On the other hand, on December 19, 1978, the registration of preservation of ownership in the name of G was completed on December 19, 1978 as to “the ground mentor's mentor's and apap 15 square meters per unit of the land of this case.”

(hereinafter referred to as "building in the name of G") the building indicated in the above registry.

On February 24, 2004, the Young-chul Cooperative completed the registration of the establishment of a new mortgage on the instant building with the maximum debt amount of 26,000,000,000 won due to additional contract on February 23, 2004, as the debtor, the defendant, the mortgagee, and the person holding the right to collateral security, adding the instant building to the joint collateral on the instant land Nos. 1 and 2.

The Young-si Cooperative applied for voluntary auction of the instant land Nos. 1 and 2 and the building of this case to Daegu District Court, and the said court rendered a decision on voluntary auction of each of the instant land and buildings on June 28, 201 and on the same day.

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