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(영문) 의정부지방법원 고양지원 2018.01.31 2016가단25341
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a) Of the land listed in the separate sheet, each point of the Attached Form A, B, C, D, and A shall be as follows.

Reasons

1. Basic facts

A. On September 4, 2008, the Defendant completed the registration of ownership transfer as the receipt No. 64250 on September 4, 2008 on the land listed in the [Attachment List (hereinafter “instant land”) by means of sale on August 25, 2008.

B. On April 30, 2010, the Defendant entered into a mortgage agreement with the original credit union C with the debtor regarding the instant land with the maximum debt amount of KRW 47,2360,000,000,000, and completed the registration of establishment of a neighboring mortgage (hereinafter referred to as the “registration of establishment of a neighboring mortgage”) pursuant to the above registry No. 30816, April 30, 2010, and completed the registration of establishment of a neighboring mortgage established by the registration of establishment of a neighboring mortgage (hereinafter referred to as the “instant neighboring mortgage”). On May 17, 2010, the Defendant completed the registration of ownership transfer to the Asian Trust Co., Ltd. as of May 18, 2010, by reason of the trust (hereinafter referred to as the “instant secured mortgage”).

C. On October 22, 2014, D transferred the instant right to collateral security from the original credit cooperative on grounds of transfer of contract, and around October 2016, D applied for commencement of auction of real estate to the High Court of the District Court Goyang-Support E with respect to the instant land, and received a decision to commence auction of real estate from the said court on March 22, 2016.

(hereinafter “instant voluntary auction procedure”). D.

On October 17, 2016, the Plaintiff purchased the instant land and acquired its ownership in the instant voluntary auction procedure.

E. Meanwhile, the Defendant filed a building report on the instant land at the time of the strike on January 201, and the said report was filed in the same year.

1. The instant building was repaired on 28. 28. At present, there are 54 square meters of the board (hereinafter “instant building”) located in the section of the ground panel and the 54 square meters of a single-story house (hereinafter “instant building”) which connects each point of (i) the indication of the annexed drawings among the instant land.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

3. Prior to the determination of the cause of the claim.

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