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(영문) 부산지방법원 2014.02.19 2012가합19591
건물명도
Text

1. Each Defendants listed in the separate sheet No. 2 list “personal use” shall be the succeeding intervenors’ respective parts of the same list.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter referred to as “A”) newly built the so-called “G apartment” on five parcels, including F of the Busan Annual Zone F, and the above apartment was completed on June 23, 2005 according to the Busan District Court Decision 2005Kadan1305 on the provisional seizure against real estate by an obligee, upon application by the obligee, without obtaining approval for use.

On June 24, 2008, each of the buildings listed in the separate sheet No. 2 of the above apartment buildings (hereinafter “each of the buildings of this case”) stated “the indication of the building on the leased part” (hereinafter “the buildings of this case”) was changed to an International Asset Trust Co., Ltd. (hereinafter “the International Trust Co., Ltd.”) on the ground of the real estate security trust agreement, and the ownership transfer registration was completed in the future.

B. On October 16, 2009, A filed an application for commencement of rehabilitation procedures with the Changwon District Court 2009hap71, and received a decision to commence rehabilitation procedures on November 18, 2009 from the above court, and a decision to commence rehabilitation procedures on July 26, 2010, respectively.

With respect to each building of this case, the registration of ownership transfer was completed in A on May 4, 201 on the grounds of the attribution of trust property.

C. According to the rehabilitation plan approved by the above decision, each of the instant buildings was sold to raise funds for the repayment of rehabilitation creditors. However, the Plaintiff concluded a sales contract to gather each of the instant buildings to sell them to the housing company on September 25, 2012 through bidding. The Plaintiff concluded a sales contract with the Plaintiff on August 19, 2013, which concluded a sales contract with the Plaintiff on August 19, 2013, which concluded the registration of ownership transfer on each of the instant buildings on September 10, 2013. The succeeding intervenor completed the registration of ownership transfer on the ground of the trust on the same day.

At present, the remaining Defendants except Defendant C, D, and E are written in the column of “the indication of the building of the section of exclusive ownership” in the attached Table 2.

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