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(영문) 의정부지방법원 2018.06.27 2017가단100550
토지인도
Text

1. The Plaintiff:

A. Defendant B shall remove each building listed in the separate sheet No. 1, and each of the buildings listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. On October 25, 2007, E completed the registration of ownership transfer with respect to the land listed in attached Table 1 List No. 1 (hereinafter “instant land”). On December 28, 2007, E completed the registration of ownership transfer with respect to the land listed in attached Table No. 2 List No. 2 (hereinafter “instant land”). Defendant B purchased each of the instant land from E on April 30, 2012 and completed the registration of ownership transfer on May 25, 2012.

On the other hand, with respect to the land of this case 2, the registration of creation of a mortgage of this case 27 million won on March 27, 2008, the mortgagee F, the debtor Eul, and the establishment of a mortgage of neighboring land of this case 91 million won on January 4, 201, the registration of creation of a mortgage of this case 20 million won on each of the land of this case was completed respectively.

(hereinafter “each of the instant mortgage”). B.

G Union’s aforementioned right to collateral security (right to collateral security) commenced a voluntary auction procedure to H. The Plaintiff received a successful bid of each of the instant lands in the above auction procedure, and paid the sale price on December 15, 2016, and completed the registration of ownership transfer on December 21, 201.

C. Meanwhile, on April 30, 2012, Defendant B purchased each building without permission listed in the separate sheet No. 2 on each of the instant land (hereinafter “each of the instant buildings”) from E, and Defendant C and D leased and used the building without permission listed in the separate sheet No. 2 of the separate sheet No. 2 (hereinafter “instant leased building”).

From December 15, 2016 to February 28, 2018, the sum of rent for which no security deposit for the lease of each land of this case exists, shall be KRW 2,010,00, and the amount equivalent to the monthly rent for each land after February 28, 2018 is KRW 138,430.

[Ground of recognition] Defendant B, D: The absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including provisional number), Eul evidence No. 1, the result of this court’s appraisal commission to appraiser I by this court, the purport of the whole pleadings is by service by public notice.

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