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(영문) 창원지방법원 2016.07.15 2015가단15385
토지인도
Text

1. The Defendants shall withdraw from the building indicated in the attached list.

2. The Plaintiff (Appointed Party)’s Defendants respectively.

Reasons

1. Basic facts

A. Section 1 of the Attached Real Estate List No. 1) L is the land indicated in Section 1 of the Attached Real Estate List No. 1 (hereinafter “instant land”) from M on April 10, 1995.

(2) On May 10, 1995, the local community credit cooperative completed the registration of the ownership transfer on the ground of sale and purchase. (2) On May 18, 1995, the registration of the establishment of the neighboring community credit cooperative consisting of the debtor, N, and N, and N, a community credit cooperative of the non-mortgaged Saemaul on May 18, 1995, the registration of the establishment of the establishment of the neighboring community credit cooperative consisting of the debtor, the maximum debt amount of 153 million won on November 29, 1997, the debtorO, the mortgagee, and the local community credit cooperative of the non-mortgage-dong community credit cooperative, respectively.

3. Since the O was unable to repay the loan, at the request of the Korea Saemaul Depository, which is a collateral security, 198

6. On April 28, 1999, the procedure for voluntary auction of the instant land was commenced to the Changwon District Court P, and on April 28, 1999, the Changdong Saemaeul Credit Depository awarded a successful bid for the same year.

6.5. Completion of the registration of ownership transfer.

B. Although Q’s legal relation related to the building indicated in the separate sheet No. 2 of the real estate list obtained a building permit from the Changsi city and completed the building indicated in Paragraph 2 of the attached Table No. 2 of the real estate list on the ground of the instant land around December 1996 (hereinafter “instant building”), the approval for use was not obtained until now, and accordingly the registration for ownership preservation was not completed.

C. On March 2, 2011, the Doi-dong Saemaul Cooperative, the Plaintiff, etc. acquired ownership, sold one-third of each of the instant land to the Plaintiff, J, K (hereinafter referred to as the “Plaintiff, etc.”), and completed the registration of ownership transfer on April 4, 201.

The Plaintiff, etc. filed a lawsuit against R, who is the owner of the instant building, seeking removal, etc. of the instant building by the Changwon District Court 2012Gahap6165, and the court held on January 15, 2014 that “R removes the instant building to the Plaintiff, etc. and delivers the instant land.”

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