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(영문) 창원지방법원 마산지원 2018.06.12 2017가단106773
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Facts of recognition;

A. On July 10, 2003, Defendant B acquired the position of the owner of each of the instant land in Defendant B’s purchase and real owner, the purchase price of the instant land was KRW 730 million, and the purchase price was KRW 120 million was paid to E and Defendant D immediately, and KRW 580 million was paid in the manner of reimbursing the existing obligation for the construction price, and KRW 30 million was concluded a sales contract with Defendant B, which was newly constructed on the F & G land (hereinafter “F land,” “G land,” and collectively, “each of the instant land”).

At the time of the conclusion of the above sales contract, E and Defendant D agreed to transfer the site right and the name of the owner of the instant house to the person designated by Defendant B or Defendant B.

Defendant B changed the existing owner E with respect to 18 units of apartment units that were newly built on F land among the 36 units of the instant housing units, and continued the new construction work without having the existing owner D with respect to the 18 units of apartment units that were newly built on G land (hereinafter “instant apartment”).

B. On June 27, 2003, with respect to each of the instant lands, the J’s transfer of ownership to each of the instant lands, and the change of the owner’s name, the voluntary auction procedure (K) commenced on June 27, 2003. While Defendant B did not register the transfer of ownership, the J continued the auction procedure and completed the registration of ownership transfer on August 18, 2004 after receiving the successful bid of each of the instant lands on August 18, 2004.

E and J shall provide F land to Defendant B on September 23, 2004, and “J shall provide F land as a security for the smooth completion of the instant housing, and shall change the owner of the instant apartment in the name of J, and shall have the owner of the instant apartment in the name of J. The settlement of the price for each of the instant land is completed immediately.

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