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(영문) 대전지방법원공주지원 2017.06.29 2016가단2269
건물철거 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 14, 1995, D completed the registration of ownership transfer with respect to Cand C, 597 square meters (hereinafter “instant land”). On December 20, 200, D completed the registration of ownership transfer with respect to the land of this case on the land of this case, 19.8 square meters on the land of this case, a wood tank, a wood tank, and a 69.3 square meters on the land of this case (hereinafter “instant housing”).

B. On November 12, 2004, Defendant (former Mutual Corporation E) received the registration of ownership transfer on the instant land from D on November 12, 2004, respectively, on November 25, 2004.

C. On December 20, 2004, EMMME Co., Ltd. (hereinafter “EMME”) obtained on December 20, 2004 the registration of the establishment of a neighboring mortgage (100,000,000) for the instant land from the Defendant.

In addition, on February 16, 2005, EME applied for a voluntary auction on the land of this case to the Daejeon District Court's official order, and the above court rendered a voluntary decision to commence the auction on the land of this case on the same day.

Pursuant to the above voluntary auction procedure, G paid in full the sale price for the land of this case on August 30, 2005, and completed the registration of ownership transfer due to the sale due to the voluntary auction on September 7, 2005.

On June 29, 2007, the official livestock industry cooperative was registered with the establishment registration of a mortgage on the land of this case from G on the basis of the maximum debt amount of 174,000,000.

On March 28, 2014, the public livestock cooperative applied for a voluntary auction on the instant land to Daejeon District Court’s public order, and the said court rendered a voluntary decision to commence the auction on the instant land on the same day.

According to the above voluntary auction procedure, on November 10, 2014, the Plaintiff completed the registration of ownership transfer on the land of this case due to the sale due to the voluntary auction.

E. On December 3, 2012, the Defendant was ordered to be dissolved pursuant to Article 520-2(1) of the Commercial Act. On December 3, 2015, the Defendant was deemed to have been dissolved pursuant to Article 520-2(4) of the Commercial Act.

2.3.

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