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(영문) 인천지방법원 2015.02.11 2013가단82349
유치권채무부존재확인
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From March 8, 2014, the above real estate.

Reasons

1. Basic facts

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Incheon District Court, on November 7, 201, filed a registration office of 110,50,000 won with respect to the maximum debt amount, and the registration of establishment of a neighboring mortgage with the debtor as the Lee Housing Development Co., Ltd. and the plaintiff as the plaintiff, was completed, under the Act No. 32894 of November 7, 2011.

(hereinafter “instant collateral security”). B.

On February 5, 2013, the Plaintiff filed for a voluntary auction of real estate rent with the Incheon District Court B based on the instant right to collateral security (hereinafter “instant auction procedure”) and commenced the auction procedure (hereinafter “instant auction procedure”). On the same day, the registration of entry of the decision to commence voluntary auction (hereinafter “registration of entry into auction”) was completed.

C. In the instant auction procedure, on July 9, 2013, the Defendant filed a lien on the instant real estate at the auction court, asserting that there was a claim for construction cost equivalent to KRW 81 million with respect to the instant real estate. D.

The Plaintiff, at the instant auction procedure, paid in full the sale price on March 7, 2014, and completed the registration of ownership transfer on April 1, 2014.

E. At present, the defendant asserted a lien on the instant real estate and occupies the instant real estate.

[Ground of recognition] Unsatisfy, entry or video (including paper numbers) in Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts found in the above basic facts as to the cause of the claim, the plaintiff is the owner of the real estate of this case who was awarded the contract of this case in the auction procedure of this case and completed the registration of ownership transfer. Since the defendant currently occupies the real estate of this case, the defendant is obligated to deliver the real estate of this case to the plaintiff and compensate for damages caused by illegal possession, barring special circumstances where there is a legitimate title to possess the real

On the other hand, the plaintiff.

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