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(영문) 춘천지방법원원주지원 2013.05.29 2012가단3950
건물철거
Text

1. The defendant shall be the plaintiff.

A. Of the lands listed in paragraph (1) of the attached list, the floor concrete of reinforced concrete structure approximately 315.

Reasons

1. Basic facts

A. Each registration of ownership transfer was completed in the name of the defendant around 2001 with respect to each land listed in the separate sheet (hereinafter referred to as “each land of this case” according to the sequence in the separate sheet (hereinafter referred to as “the separate sheet”), as set forth in the separate sheet.

B. On November 7, 2006, the Defendant concluded a mortgage agreement with the Namwon Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”) regarding each of the instant land, with the maximum debt amount of KRW 1.43 billion, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) to the Namwon Agricultural Cooperatives on the 13th of the same month.

C. On August 23, 2007, the Defendant concluded a contract to establish a right to collateral security of KRW 225,000,000 with respect to each of the land of this case with C, and the same month.

6. C completed the registration of creation of a neighboring mortgage to C.

C thereafter filed an application for voluntary auction of each of the lands of this case on the basis of the above right to collateral security, and the Chuncheon District Court D with the original state branch D began the auction procedure.

Since then, the Korean Agricultural Cooperative filed a voluntary auction with the instant collateral security and the auction procedure with respect to each of the instant lands was initiated in duplicate to the same support E.

In the above auction procedure, the Plaintiff received a successful bid of each of the instant lands, paid in full the sale price on February 4, 2010, and completed the registration of ownership transfer.

E. On the other hand, each land of this case exists unregistered buildings newly built by the defendant (hereinafter “each building of this case”), and the entire land is used as the site of each building as follows.

- Land 1: approximately 51.6§³ for reinforced concrete tanks, approximately 315.74С for reinforced concrete tanks, and approximately 42.9С and land 2: The land on which approximately 194.79С for residential buildings, approximately 161С for residential areas, and approximately 161С for residential areas, and the land on which approximately 161.36§³ and 5 stories for residential areas of reinforced concrete tanks are located: The land on which the light steel frame, sand site location panel, and the land on which approximately 361.36§³ for residential areas are located, are located.

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