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(영문) 인천지방법원 2019.05.24 2017가합52374
건물 경계표시 복원 등 청구의 소
Text

1. The defendant's act of indicating a boundary in the annexed Form 2 as to each building listed in the annexed Form 1.

Reasons

Recognizing the facts, the Plaintiff, including the creation of a right to collateral security, received each of the buildings listed in the list on August 13, 2008 (hereinafter collectively referred to as the “instant building,” referring to the number of each building listed in the same list, and referring only to the number in the case of each building listed in the same list) from the obligor C as to D or E among the buildings listed in the list on August 13, 2008, respectively. As to F, G, H, and H through I on February 20, 2014, the J transferred each of the right to collateral security established on August 13, 2008 to the obligor C for the transfer of confirmed credit on September 24, 2013, and received each of the right to collateral security transferred on September 21, 2014 to the obligor on September 13, 2015 for the settlement of credit security from the obligor on September 21, 2014 to the obligor on August 14, 20108.

On October 22, 2008, the plaintiff filed a voluntary auction based on each right to collateral security with respect to D or E with the Incheon District Court, and received a voluntary decision to commence the auction on October 22, 2008. On August 28, 2009, the above court rendered a decision to revoke the said voluntary decision to commence the auction on the ground that D or E cannot be the object of partitioned ownership.

Accordingly, around October 2010, the Plaintiff et al. installed a boundary sign of string about about 3.5cm at the boundary of each sectional ownership floor of the building concerned, with the consent of the seller council, with respect to the building and the 5th underground floor and the 15th floor "T shopping mall" (hereinafter "T shopping mall building"), which includes the building in this case, installed a building number sign of about 35 cm at the horizontal size and 12 cm at the entrance of each floor of the T shopping mall building, with the consent of the seller council, and installed a building number sign of about 3.5 cm at the boundary of each sectional ownership, and installed a building number mark of 12 cm at each floor of the T shopping mall building at the entrance of each floor of the building in this case. The Plaintiff et al. again applied for a voluntary auction on December 15, 2010.

(hereinafter referred to as the “instant auction procedure” in the above auction application case.

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