(영문) 대구고등법원 2019.06.28 2019나13 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구고등법원 2019.06.28 2019나13

건물명도

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1. The lawsuit of this case is dismissed in exchange for another court.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 28, 2008, the registration of ownership transfer was completed in the name of the F Co., Ltd. with respect to the Daegu-gu C building and D (hereinafter “instant real estate”) and thereafter, the registration of ownership transfer was completed in the Plaintiff’s future on the grounds of sale on the same day.

7.9. Month;

1. The transfer registration of ownership has been completed in G due to exchange, and the same year on May 26, 2009;

4. 20. The transfer registration of ownership was completed in H on the grounds of sale.

B. Afterward, the Defendant received a decision to permit the sale of the instant real estate in the procedure for the auction of the real estate (hereinafter “instant auction procedure”) from the Daegu District Court on January 18, 2012, and paid the full sale price on June 13, 2017, and completed the registration of ownership transfer on the 22th of the same month.

C. On June 19, 2017, after the payment of the sale price for the instant real estate, the Defendant applied for an order to deliver real estate to the Daegu District Court KK for the same year.

7.3. The above decision of the acceptance was final and conclusive on December 8, 198 through the Plaintiff’s appeal (Seoul District Court 2017Ra426) and reappeal (Supreme Court 2017Ma1070).

On September 5, 2017, the enforcement officer of the Daegu District Court completed the execution of the surrender of a building that delivered the instant real estate to the defendant to E on September 5, 2017 upon the defendant's application based on the above order to deliver the said real estate (hereinafter referred to as "execution of surrender of a

[Ground of recognition] Facts without dispute, Gap evidence 20 evidence 1, Gap evidence 23, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit that was changed in exchange in this court

A. The Plaintiff filed an application with the organization, which is a collateral security right holder of the instant real estate without any secured claim, for the instant voluntary auction procedure. The Defendant received a successful bid of the instant real estate and received any obligation through an order to deliver real estate.

유사 판례

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