logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.01.16 2018가단55201
건물철거 및 토지인도
Text

1. Defendant C Union

A. Removal of the buildings listed in the attached Table 1 list and 155.

Reasons

1. Basic facts

A. 1) Nonparty E Co., Ltd. (hereinafter “E”) on land

(2) On October 21, 1996, the land listed in the separate sheet No. 2 (hereinafter “instant entire land”) as a business entity for building construction business, housing construction business, etc.

2) On October 19, 1996, E purchased the entire land of this case and acquired its ownership by completing the registration of ownership transfer. 2) On October 19, 1996, E provided the entire land of this case to F Co., Ltd. F (hereinafter “F”) as collateral, and entered into a mortgage contract on the said entire land as a loan from the said bank, and concluded the mortgage contract on the said land with the Ulsan District Court No. 3076 on October 21, 1996. The registration of creation of a mortgage on the said land amounting to KRW 15,60,000,000 for the above land as the receipt of the Yangsan District Court

(hereinafter “instant collateral security”). B.

On the entire land of this case where the mortgage of this case was created, E created a housing complex on the entire land of this case after the establishment of the mortgage of this case and constructed a housing complex on the ground of the entire land of this case, H apartment (20 floors) and H shopping (3 floors), which are an aggregate building of this case (hereinafter “the aggregate building of this case”).

2) E newly constructed the instant condominium on September 18, 1998.

However, the registration of site right on the above aggregate building at the time was not made.

C. The acquisition of the part of exclusive ownership and the registration of the ownership of the land by the Defendant C&C (hereinafter “Defendant C&C”)

(A) On September 21, 1998, the building indicated in the separate sheet No. 1 (hereinafter “instant section for exclusive use”) shall be the building.

2) At the time E completed the registration procedure for transfer of ownership to acquire the above building from E. However, E’s share 15130 percent (hereinafter “the instant land”) corresponding to the ratio of the size of the building of this case to the entire land of this case pertaining to the site of the instant aggregate building.

arrow