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(영문) 춘천지방법원 2017.09.20 2016가단53643
건물명도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet (1);

B. Defendant C: (1) Hongcheon-gun D.

Reasons

1. Basic facts

A. On September 3, 2013, Defendant C borrowed 150,000,000 won from the notary public of the Joint Law Office No. 833, May 6, 2013, Defendant C borrowed 150,000,000 won from the Plaintiff on May 6, 2013, and repaid on September 6, 2013, and the interest rate shall be 24% per annum, and when Defendant C fails to perform its monetary obligation, Defendant C prepared and issued an authentic deed of a monetary loan agreement that recognizes and acknowledges that there is no objection even if it was immediately subject to compulsory execution.

B. On September 10, 2013, Defendant C borrowed the amount of KRW 100,000,000 from August 10, 2013 by a notary public to the Plaintiff, as the certificate of Ghap Law Office No. 857, Defendant C, as the certificate of Ghap Law Office, and repaid on November 10, 2013, and the interest rate shall be 24% per annum, and when Defendant C fails to perform his/her monetary obligation, Defendant C prepared and issued a notarial deed of a monetary loan agreement that recognizes that there is no objection thereto even if compulsory execution is immediately effected.

C. On September 3, 2013, the Plaintiff completed the registration of the right to claim transfer of ownership on September 3, 2013, with respect to the building on the land of Hongcheon-gun D Miscellaneous land owned by Defendant C (hereinafter “land indication”) of 417 square meters, H large 502 square meters, E miscellaneous land, 1,791 square meters, and H land, respectively.

On July 24, 2014, the Plaintiff filed an application for the commencement of compulsory auction for each of the above real estate based on each of the above notarial deeds, and on October 17, 2013, K (combined) voluntary decision on commencement of auction commenced by the JJ of the Chuncheon District Court first filed an application on October 17, 2013 was withdrawn on December 4, 2014.

The compulsory auction (hereinafter “instant auction”) was commenced for each of the above real estate and F-river 816 square meters.

E. On February 1, 2016, the Plaintiff received dividends of KRW 237,738,558 as a creditor and a person holding a provisional registration for security by the said notarial deeds on the date of distribution of the instant auction.

F. The Plaintiff’s instant building (hereinafter “instant building”) is the F-river 816 square meters, D miscellaneous land 417 square meters, H 502 square meters, E miscellaneous land 1,791 square meters (hereinafter “each of the instant land”) and the attached Table 1 attached to H land (hereinafter “instant building”).

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