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(영문) 대구지방법원김천지원 2020.03.04 2019가단34851
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in Appendix 1 List 2;

(b) Appendix 1 List 1.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 2, 1, and 1; and (c) the purport of the entire pleadings.

On October 13, 2016, with respect to the real estate listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) and the real estate listed in paragraph (2) of the same list (hereinafter “instant building”), the auction procedure was initiated to Daegu District Court D on October 13, 2016 at the request of a stock company, which is a right to collateral security, (hereinafter “instant auction procedure”).

B. In the instant auction procedure on November 11, 2016, the Defendant continued extension and interior construction of the instant building, and reported the right of retention with the claim for construction cost of KRW 30,070,000,00 as the secured claim. At present, the instant building is currently occupying the instant building. Of the instant land, the Defendant installed a container on the part (A) of the instant building connected in order to each point of KRW 1,2,3,4, and 10,000 (hereinafter “the occupied portion”) in the instant auction procedure, and occupies it after installing a container on the part (a) of the instant land connected in order to each point of the attached Form 2

C. In the instant auction procedure, the Plaintiff paid the price in full, and completed the registration of ownership transfer in the name of the Plaintiff on September 12, 2018 as the receipt of No. 20859, Sept. 12, 2018, on the ground of sale due to voluntary auction conducted on September 12, 2018.

2. Assertion and determination

A. According to the above facts, the defendant occupies and uses the occupied part of this case without any title in relation to the plaintiff who acquired the land of this case in the auction procedure of this case, and thus, the plaintiff's use and profit-making is restricted, thereby hindering the plaintiff's legitimate exercise of ownership. Thus, the defendant is obliged to deliver the occupied part of this case to the plaintiff, unless there are special circumstances.

B. Determination on the ground of one claim regarding the request for delivery of the instant building is recognized.

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