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(영문) 청주지방법원충주지원 2014.06.26 2013가단6127
건물등철거
Text

1. The Defendant (Appointed Party) remove the building indicated in the attached Form to the Plaintiff and deliver the said site to the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. On August 5, 2008, Defendant B (Appointed Party B) (hereinafter “Defendant B”) acquired ownership of G land (hereinafter “instant land”).

B. At the time, on July 18, 2008, regarding the instant land, the right to collateral security was established in the name of the Seocho-gu Agricultural Cooperative, the maximum debt amount of KRW 200 million, and Defendant B created the right to collateral security of KRW 30 million in addition, on August 29, 2008.

C. Defendant B newly constructed the instant building on the instant land (hereinafter “instant building”) and completed the registration of ownership preservation on May 6, 2010 regarding the instant building.

On October 11, 201, upon the application of H, Defendant B’s creditor, the compulsory auction procedure was commenced on the instant land (this court I), and the Seo-ju Agricultural Cooperative, upon applying for the commencement of voluntary auction based on each of the above collateral security rights, began to proceed with the said compulsory auction procedure. The auction procedure was conducted in duplicate with the said compulsory auction procedure. On January 21, 2013, the Plaintiff was awarded the bid and completed the registration of ownership transfer in the name of Plaintiff on October 28, 201.

E. The instant building is divided into four partitions, such as the indication “A”, “B”, “C”, and “D” as indicated in the separate sheet. D is the part of “A” connecting each point of the attached sheet Nos. 1, 2, 10, 11, and 1 (Na 104), “B” connecting each point of the attached sheet Nos. 3, 4, 9, 10, and 3 (Na 103), “B” connecting each point of the attached sheet Nos. 4, 5, 8, 9, and 4 (Na 102), and “B” connecting each point of the attached sheet Nos. 5, 6, 7, 8, and 5 (Na 101) to each of the Defendant B.

[Ground of Recognition] Facts without dispute, entry in Gap evidence 1, 2, 3, and 7 (including each number), and the Korea Cadastral Corporation.

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