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(영문) 대전지방법원 2015.11.20 2015나2551
건물등철거 및 토지인도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

F around February 13, 2012, F completed the registration of transfer of ownership on the ground of sale on February 13, 2012, the Daejeon District Court Budget Office of the Daejeon District Court (No. 3274 received on February 13, 2012) with respect to the land of this case (hereinafter “instant land”).

Before completing the registration of ownership transfer on the instant land by F, around May 24, 201, the provisional registration of the right to claim ownership transfer in G was completed on May 24, 201 with the receipt of No. 11595 on May 24, 2011 by the same registry office on the ground of sale reservation on May 24, 201, and around September 8, 2011, the provisional registration of the right to claim ownership transfer was completed on the ground of the provisional attachment order (27,213,536) issued by the Daejeon District Court on September 8, 2011 by the receipt of the provisional attachment order (201Kadan588) by the same registry office on September 8, 2011.

After F acquired the ownership of the instant land, YIB Co., Ltd., the mortgagee of the instant land, applied for a voluntary auction on October 12, 2012, and rendered a voluntary decision to commence the auction on October 10, 2012. On or around January 10, 2013, I completed the provisional disposition registration upon receipt of the provisional disposition decision of Hongsung Branch Branch of the Daejeon District Court on January 10, 2013 (2012Kadan 1312) by having the right to claim the transfer of ownership on the instant land as a preserved right. On or around April 2, 2013, the budget agricultural cooperative completed the provisional attachment registration with the same registry office on April 2, 2013 as 6790 (200Da6790, April 2, 2013) by filing a claim for provisional attachment of the budget support court of the Daejeon District Court on April 2, 2013 (2013Kadan64).

Around August 7, 2013, the Defendant completed the registration of ownership transfer on the ground of sale on August 7, 2013, No. 16633, which was received on August 7, 2013 by the same registry office.

The Plaintiff sold the instant land in the voluntary auction procedure for the instant land [Songsung branch of the Daejeon District Court H and J (Consolidated)] and paid the sale price on June 13, 2014.

F The case is that " below each building listed in the separate sheet on the ground of the land in this case."

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