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(영문) 서울서부지방법원 2012.12.13 2011가단71080
건물명도
Text

1. Defendant A delivers to the Plaintiff the real estate listed in attached Table 1, and from June 29, 2012, as above.

Reasons

1. Facts of recognition;

A. K’s claim for the construction price and lien relation 1) K with respect to the instant officetel is about the domination date, Inc. (hereinafter “the instant officetel”). K is about the domination date.

)Each officetel 11th floor Ntel on the ground located in Eunpyeong-gu Seoul Metropolitan Government (each officetel listed in the attached list is part of the above Ntel, which has been ordered to be subcontracted to L around 2001.

hereinafter the entire Ntel is referred to as the “instant Officetel” and each officetel listed in the separate sheet is referred to as the “officetel in each of the instant cases.”

(2) On May 4, 2002, K applied for a voluntary auction on the instant officetel to the Seoul Western District Court P on the following date: (a) on January 17, 2002, after completing the registration of preservation of ownership for the instant officetel, K paid for the instant officetel but failed to repay the said debt; and (b) it began to exercise the lien on the instant officetel by taking over all rights relating to L; and (c) while K exercising the lien on the instant officetel, K applied for a voluntary auction on the instant officetel to the Seoul Western District Court P on May 4, 2002; and (d) K filed a report on the instant claim for the payment of the said office debt against the said date to the above Seoul Western District Court.

B. On July 1, 2005, Q proposed to the effect that, in order to purchase the above officetel at the above auction procedure, K gave up the lien on the above officetel and purchased the above officetel by borrowing the purchase price from the financial institution and then pay half of the profits accruing from the sale of the above officetel in return for the waiver of the lien, K agreed with Q on July 11, 2005, and thereafter filed a report of waiver of lien with the above auction court around that time, Q submitted a report of waiver of lien with Q on July 19, 2005, after the waiver of the above lien. Q submitted a report of waiver of lien from the Seoul Western District Court on July 19, 2005>

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