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(영문) 대전지방법원서산지원 2013.07.16 2012가단6389
건물명도 등
Text

1. The Defendants’ respective Plaintiff:

(a) deliver the buildings listed in Attachment 2;

(b) KRW 5,448,800 and its importance;

Reasons

1. Basic facts

A. On December 20, 2010, the Plaintiff paid in full the sales price and purchased each real estate listed in the separate sheet Nos. 1 through 3 in the joint ownership of the Defendants under the procedures for the compulsory auction of F real estate F in Seosan District Court (hereinafter “instant procedures for compulsory auction”).

B. Meanwhile, on the ground of the land listed in paragraph (3) of the attached list, four unauthorized buildings (each building listed in Paragraph (4) of the attached Table) without permission stated in the claim of the G ownership are located on the ground of the land listed in paragraph (3) of the attached list. According to each image of pictures attached to the franchise appraisal report compiled in the records, each building listed in Section 4-B and Paragraph (3) is likely to be set up on the rooftop of the building listed in paragraph (4) of the same list.

G Deceased on June 28, 200 and died on June 28, 2000, Defendant C, D, and E, the wife, were co-inheritors.

C. The Defendants occupy each building listed in the separate sheet Nos. 2 and 4.

[Ground of recognition] Unsatisfy, entry of Gap evidence 4 (including provisional number), purport of whole pleadings

2. Determination on requests for the delivery of a building

A. According to the above facts of recognition as to the buildings listed in the attached list No. 2, the Defendants are obligated to deliver the buildings listed in the attached list No. 2 to each of the Plaintiff.

B. As to each building listed in the separate sheet No. 4, the Plaintiff asserted that ① the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) applied for a blanket auction by including each building listed in the separate sheet No. 4 (hereinafter “other building than the present case”) in the object of auction, which is the creditor of the application for the compulsory auction of this case, in the object of auction. ② The appraisal value of the present building includes the appraisal value of the present building in the letter of appraisal of the case for compulsory auction (Evidence No. 2). ③ The execution court decided to permit a sale by including the building other than the present case into the present one, and ④ the execution court issued the order of delivery of the building other than the present case.

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