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(영문) 인천지방법원 2017.04.27 2016가합53936
건물퇴거
Text

1. Of the attached list 1 to the Plaintiff, the Defendant B’s real estate listed in the No. 1, and the Defendant C’s real estate indicated in paragraph 2.

Reasons

1. Determination as to the remaining Defendants other than Defendant G, I, and V

A. The Plaintiff indicated the claim is the owner of the Nam-gu Incheon Metropolitan Government Yancheon-gu Y 147.3 square meters (hereinafter “the instant site”). Since Defendant B, C, D, E, F, H, K, K, L, M, M, N, P, Q, Q, R, T, T, T, U, W, and X occupy the real estate of the underground second floor without title and the 8th floor size above the ground without title (hereinafter “instant building”), the said Defendants are obligated to withdraw from each occupied real estate.

(b) Defendant D, E, F, J, K, P, Q, R, W, and X: Article 208(3)3(3)(2) of the Civil Procedure Act (amended by Service by Public Notice) of the Act on the Civil Procedure

2. Determination on Defendant G, I, and V

A. (1) The ownership of the instant land (i) is owned by the Plaintiff and AA (hereinafter “Plaintiff, etc.”) on May 26, 1995 and completed the registration of ownership transfer on July 25, 1995 after being awarded a successful bid for the instant land. Shesheshe shall be she on June 20, 2002 and the Plaintiff and AA (hereinafter “Plaintiff, etc.”).

In borrowing KRW 2.3 billion from the Plaintiff, the registration of provisional seizure, etc. established on the instant site shall be cancelled, and the Plaintiff, etc. shall set up a provisional registration of first priority collective security, superficies, and right to claim ownership transfer, and the name of the owner of the building under construction on the instant site shall be changed to the Plaintiff, etc., and if the owner of the building fails to comply with it, a written agreement was made to pay the principal, interest (48%) and damages (10% of the principal) (hereinafter “instant agreement”).

In addition, on July 16, 2002, the Z issued a new certificate of personal seal impression for sale to the plaintiff et al. on a three-month basis, but if the Z did not implement it, it prepared a letter of performance that transfers the site in this case to the name of the plaintiff et al.

Referencely, according to the agreement of this case on July 2, 2002, the site of this case is the debtor, the mortgagee, the plaintiff of the right to collateral security, and the maximum debt amount of 1.65 billion won.

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