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(영문) 수원지방법원 2018.01.23 2015가합3351
토지인도(건물퇴거, 건물철거) 등
Text

1. The Plaintiff:

A. The defendants occupy each of the buildings listed in the list (attached Form 2).

Reasons

1. Basic facts

A. On September 1993, AC established Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the 17th of the same month, and around that time, AC was appointed as a director of AC.

B. On December 1, 1993, the defendant company acquired the construction business of the above multi-household housing by purchasing the site of this case from AD Co., Ltd., and then acquired the same month.

7. After changing the name of the owner of the above multi-household housing from the above AD company to the defendant company, the company AC and the above AE company borrowed or invested money from the above AD company and completed the process of 60% of the above multi-household housing construction. However, on December 31, 1993, the company failed to pay the borrowed money, the remaining purchase and sale price of the land of this case, and the obligation for construction payment.

C. After that, on February 13, 1995, a decision to commence the auction procedure was made with respect to the instant land, etc. on February 13, 1995, and the auction procedure was in progress. D.

AC discussed the creditors of the defendant company and the method of recovery of claims on May 1995, and decided to complete and sell the above multi-household housing by winning the land of this case, etc., and the plaintiff was awarded the price of this case in the above auction procedure at the direction of AC on June 26, 1995, and paid the price in full after July 1, 1995, and completed the registration of ownership transfer for the land of this case on December 11 of the same year on the ground of the above successful bid.

E. At the time that the Plaintiff was awarded a successful bid for the instant site, the construction of multi-household housing was completed on the ground of the instant site, as an independent real estate, and satisfies the requirements for a building. However, the construction is continued thereafter.

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