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(영문) 의정부지방법원 2014.05.15 2013가단40629
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. On November 20, 2012, the land listed in paragraph 1 of the Attached List of Real Estate listed in the Attached List is as follows.

Reasons

1. Facts of recognition;

A. F, the former representative director of the Defendant Company, completed the registration of ownership transfer on the land listed in the [Attachment List No. 1 (hereinafter “instant land”), which was received on February 28, 2003, under No. 7665, no. 7665, Nov. 17, 2002, as to the land listed in the [Attachment List No. 2 (hereinafter “instant building”) and completed the registration of ownership transfer on the ground of sale on November 17, 2002, as to the building listed in the [Attachment List No. 2] (hereinafter “instant land and the instant building collectively referred to as “each of the instant real estate”). The Defendant Company completed the registration of ownership transfer on October 13, 2003 as the receipt No. 39238, and the Defendant Company operated the instant factory

B. Each real estate of the instant case had completed the registration of creation of a multiple neighboring mortgage including the Industrial Bank of Korea, the maximum debt amount of KRW 1.8 billion, and the establishment of a mortgage with the debtor F, but the registration of the voluntary decision on commencement of auction was completed on February 8, 2011 at the request of the Industrial Bank of Korea, by G with the Government District Court G on February 8, 2011.

(hereinafter “Voluntary Auction”) C.

On October 30, 2011, F and the Plaintiff: (a) drafted a confidentiality agreement (hereinafter “the instant contract”) with the following content; (b) signed on November 1, 201 with the Ministry of Justice Cheongjin, etc., No. 17102, Nov. 1, 201; (c) the H representative Plaintiff and the F agreed to perform the agreement and notarized as follows:

Article 1 (Scope of Contract) falls under the case of auction falling under Article C (BF Factory Location), and the conditions for the participation of the plaintiff in the auction and the mutual relationship between the plaintiff and F after the successful bid of the auction shall also be included in the settlement of accounts of the price for the goods (166,246,925 won) at the time the compensation corresponding to the corresponding ever is progress.

Article 2 (Conditions for Participating in Auction) The plaintiff will participate in the auction of the real right in relation to the repayment of the price for the goods, and simultaneously with the successful bid, the amount corresponding to the claim of the Industrial Bank of Korea, which is the first priority.

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