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(영문) 의정부지방법원고양지원 2016.12.02 2015가단81979
건물명도
Text

1. The Defendant’s real estate from KRW 60,00,000 to KRW 60,000 as indicated in the separate sheet from October 29, 2016.

Reasons

1. Basic facts

A. D, as the representative director of E Company E, intended to build and sell “six-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si 10 and 10-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,” and (as at the time, on July 18, 201, the real estate listed in the separate sheet (hereinafter “instant apartment”) that was being constructed to I at the time was sold to 215,00,000 won.

B. On June 27, 2012, D acquired the ownership of the instant apartment after completing registration of the preservation of ownership, and D, on the same day, completed the registration of the establishment of a neighboring livestock cooperative with D and mortgagee as the debtor, with respect to the said apartment, with the maximum debt amount of KRW 832,00,000 on the same day.

C. After that, on August 14, 2012, D completed the provisional registration of the right to claim ownership transfer on the instant apartment with I as a person entitled to provisional registration regarding the instant apartment, and I completed the registration of ownership transfer on the basis of the provisional registration on January 29, 2013.

However, D delayed the principal and interest of interest of the high-sea livestock cooperatives, and the above associations applied for the commencement of auction auction of the real estate related to the apartment of this case to the high-sea district court around May 2014 (the above courtJ).

(hereinafter “instant auction procedure”). (e)

In the above auction procedure, the defendant asserted that he paid 100,000,000 won for the lease deposit for the apartment of this case from I, and applied for a report on the right to the above deposit and a demand for distribution.

F. The Plaintiffs were selected as the highest price buyer at the above auction procedure, and completed the registration of ownership transfer on June 11, 2015 by sharing one-half shares of each of the instant apartment units. The Defendant did not receive dividends from the senior interested parties in the distribution procedure.

【Ground for Recognition: Each of the facts without dispute, Gap's evidence Nos. 1, 4, 5, 9, and 9, may be admitted.

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