logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2018.05.09 2018가합15
임의경매낙찰무효
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 7, 2013, the Plaintiff’s Dong Jae-si purchased E large 575 square meters (hereinafter “instant land”) and 89.25 square meters (hereinafter “instant housing”). The Plaintiff’s Dong Jae-si purchased the instant housing and completed the registration of ownership transfer in the future.

After that, the instant land was divided into E large 512 square meters and F large 63 square meters.

D on August 16, 2016, regarding the instant real estate, the G created a joint collateral of KRW 13 million with the maximum debt amount, and on October 12, 2016, the G created an additional collateral of KRW 6.5 million with the maximum debt amount.

B. The Plaintiff occupied the instant land while residing in the instant housing. At the request of G, a mortgagee, he/she was rendered a voluntary decision to commence the auction on the instant real estate to this court C on October 27, 2016.

(A) The auction procedure following the decision to commence the said voluntary auction procedure is “the instant voluntary auction procedure or the instant voluntary auction procedure.” The studs, bags, multi-use rooms, boiler rooms, and warehouses not indicated in the registry in the instant voluntary auction procedure (hereinafter “out-to-date buildings”) included in the sale articles, but were excluded from the sale articles, as the steel pipe pipe agricultural greenhouse and the greenhouse greenhouses were judged to be owned by another person, and were excluded from the sale articles.

The Defendant obtained a decision to permit the sale of the instant real estate in the instant voluntary auction procedure, and completed the registration of ownership transfer on the same day after paying the sale price on July 11, 2017.

[Reasons for Recognition] The entry of Nos. 1 to 10, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. For the following reasons, the decision to permit the sale of the instant voluntary auction or the instant voluntary auction procedure is null and void.

1 Two greenhouses at the location of the auction object are the second floor in fact, and this case is the case.

arrow