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(영문) 대구지방법원상주지원 2015.10.07 2014가단8218
건물등철거
Text

1. The Defendant: (a) is not less than 278,944m2,00 square meters of C Forest land in the Plaintiff

(a) 1. Each of the annexed drawings 24, 25, 26, 27, and 24.

Reasons

1. Basic facts

A. Nonparty D (former Name E) completed the registration of ownership transfer on April 16, 2007 with respect to the instant real estate on April 16, 2007 due to sale and purchase on April 9, 2007. 2) and the Defendant received the registration of ownership transfer from D on September 17, 2009 with respect to the said real estate on September 16, 2009.

3) On March 27, 2008, the instant real estate was established with each of the right to collateral security and superficies with a forestry cooperative as the mortgagee of the right to collateral security and superficies. However, on September 17, 2009, the Defendant cancelled the above right to collateral security and superficies simultaneously with the registration of ownership transfer.

4) In addition, on September 23, 2009, the Defendant created a right to collateral security and superficies with respect to the said real estate to the dong Agricultural Cooperative. (B) On November 22, 2013, the Plaintiff applied for a voluntary auction based on the right to collateral security on the instant real estate to the resident support fund for the Daegu District Court and started the voluntary auction procedure around that time. At the time, the senior collateral security was the right to collateral security in the name of the said dong Agricultural Cooperative (hereinafter “UF”) registered on September 23, 2009.

2) On August 1, 2014, the Plaintiff awarded a successful bid for the said real estate during the said voluntary auction procedure, and completed the registration of ownership transfer on the grounds of sale through a voluntary auction on August 5, 2014, and on the same day (hereinafter “instant building”) the registration was cancelled, respectively, under the name of the Agricultural Cooperative, the right to collateral security, superficies, and the right to collateral security under the name of the Plaintiff. (C) The current status of the instant real estate building and the instant real estate owned by the Defendant, each of the items indicated in attached Form 1 drawings, and the instant real estate owned by the Defendant, are

(2) 5, 6, 7, 3, and 5 each of the same drawings.

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