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(영문) 수원지방법원안산지원 2016.06.23 2015가합2673
건축물지번변경등
Text

1. The defendant shall register the building in the building in attached Form 1 List 2 kept in Ansan-si Office for the plaintiff.

Reasons

1. Around April 1998, the Defendant and Nonparty C agreed to newly construct a driving school building on each of the above lands and to conduct a joint business for leasing the shares of 11,426 square meters in the unit D miscellaneous land, 3,426/5,551 square meters in the E miscellaneous land, and 5,551 square meters in the attached Table 1 List C owned (hereinafter “instant land”), 2,125/5,51 square meters in the E miscellaneous land, 5,51 square meters in each of the above lands, and 5,551 square meters in each of the above lands.

On May 7, 1998, the Defendant and C newly constructed five buildings listed in [Attachment 1] List 2 (hereinafter “instant building”) on each of the above lands on May 7, 1998, and completed registration of ownership preservation in the name of the Defendant on May 14, 1998, and leased each of the above lands and the instant buildings to F on May 15, 1998, and F operated a driving school from around that time.

On December 31, 2002, C withdrawn from the above partnership business relationship, and the defendant, from that time, leased each of the above land and the building of this case to a driving school, and operated a driving school directly from each of the above land and the building of this case after December 24, 2008.

With respect to the instant land, on December 22, 2003, the maximum debt amount of KRW 650 million is KRW 650 million, the debtor C, the mortgagee, the mortgagee of the right to collateral security, the registration of the establishment of the mortgage, the maximum debt amount of KRW 400 million on February 26, 2004, G, the debtor G, the mortgagee of the right to collateral security, the provisional registration of the right to claim ownership transfer as the defendant on October 7, 2004, the provisional registration of the right to claim ownership transfer as the defendant on October 7, 2004, the provisional registration of the right to claim KRW 50 million on July 10, 2006, which was the debtor C, and the mortgagee of the right to collateral security, and H applied for voluntary auction on the instant land under the name of the plaintiff on June 15, 2009, and completed the registration of ownership transfer under the name of the plaintiff on May 31, 2010.

The Plaintiff, among the instant buildings, affected the land of this case against the Defendant, indicated in the attached Form 2 drawing Nos. 30, 31, 35, 32, 33, 34, 34.

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