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(영문) 부산지방법원 2014.11.28 2014가단60923
건물명도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 19, 2003, C completed the registration of ownership transfer with respect to D, 687 square meters (hereinafter “instant land”). On the same day, C completed the registration of ownership transfer with respect to the land of this case with the National Agricultural Cooperative Federation’s maximum debt amount of KRW 384,00,000,000, and thereafter, C completed the construction of Eved Building and Nadong Building on each of the instant land, which is multi-household 5 floors of reinforced concrete structure slab roof, and completed the construction of each of the instant land around 2006, each of the said buildings was unregistered.

B. However, the Defendant purchased the instant land on April 27, 2009 at the auction procedure of F real estate auction conducted at the request of the National Agricultural Cooperative Federation, a collateral security right to the instant land, and accordingly, the same year.

5.1. On April 15, 2010, the registration of the establishment of the instant neighboring land was cancelled and the registration of the ownership transfer was completed in the future of the Defendant. Accordingly, the Defendant filed a lawsuit against C by the court 2009Da144711 against E-Ba, the removal of the instant building, and the transfer of the instant land. The judgment was rendered in favor of the court on April 15, 2010.

5. 11. A final and conclusive date.

C. After that, on August 9, 2010, the Defendant asserted the lien or statutory superficies, etc. as to the Ministry of Foreign Affairs and Trade with respect to the Ministry of Foreign Affairs and Trade with respect to the operation of the Office of Foreign Affairs and the operation of the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs and Trade with respect to the Office of Foreign Affairs.

B. On September 1, 2010, the instant provisional disposition was rendered on September 1, 2010 by filing an application with this court for provisional disposition prohibiting the transfer of real estate possession (hereinafter “instant provisional disposition”). On September 29, 2010, part of the instant provisional disposition decision is subject to provisional disposition.

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