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(영문) 광주지방법원 해남지원 2021.03.16 2019가단201805
사용료
Text

The Defendant, as the Plaintiff

(a) remove each machinery and apparatus listed in Appendix 2;

(b) 19,69,927 Won and as regards this;

Reasons

Basic Facts

A. On December 29, 193, the Defendant completed the registration of transfer of ownership on May 10, 1985 with respect to the real estate listed in attached Table 1 No. 1 (hereinafter “instant land”). On February 20, 2017, the Defendant completed the registration of transfer of ownership on the land listed in attached Table 1 No. 2 and paragraph 3 of the attached Table No. 2 of the attached Table No. 1 (hereinafter “real estate No. 1”), and the real estate listed in attached Table 1 No. 3 of the attached Table No. 3 of the attached Table No. 1 (hereinafter “the instant real estate”). The Defendant completed the registration of preservation of ownership on the real estate of this case along with “the instant land”.

B. On July 3, 2017, C completed the registration of the establishment of the right to collateral security with respect to each of the instant real estate, and completed the registration of the establishment of the right to collateral security with respect to the debtor. On April 13, 2018, C received a decision to commence a voluntary auction on each of the instant real estate from the instant court (D; hereinafter “instant auction”).

On February 7, 2019, the Plaintiff was sold each of the instant real estate during the auction procedure, and completed the registration of transfer of ownership on April 1, 2019.

(d)

The Defendant owns each of the machinery and appliances listed in Attachment 1 No. 2 of the Attachment No. 2 of the Attachment No. 2 (hereinafter referred to as “the instant chemical entrance”) on the first floor of the instant Claim No. 1, and each of the machinery and appliances listed in the Attachment No. 2 of the Attachment No. 2 (hereinafter referred to as “the instant cooling machine”) excluded from the subject of the instant auction on the building No. 2 of the instant case, along with “the instant chemical entrance” and “each of the instant machinery and appliances”.

E. On February 8, 2019, the Plaintiff filed an application with this court for an order to deliver real estate regarding each of the instant real estate (E) and this court accepted it on February 11, 2019, but the Defendant refused to comply therewith.

The Plaintiff filed an application with this court for compulsory execution regarding the above extradition order, and the enforcement officer notified the enforcement officer of the notice of execution on May 18, 2019, stating that the last day of the period of the India suspended execution is the same as that of May 18, 2019 (hereinafter “instant compulsory execution”).

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