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(영문) 창원지방법원 2016.04.22 2015가단83029
건물등철거
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

Based on the facts, the F Co., Ltd.: (a) entered into a contract on the construction of a newly built multi-family housing (hereinafter “instant multi-family housing”) which is a multi-household of the first basement and the third floor size above the ground, on the ground of Kim Jong-si Co., Ltd. (hereinafter “instant land”); (b) on September 3, 2002, the CF entered into a contract on the construction of a newly built multi-family housing (hereinafter “multi-family housing”).

The F obtained a building permit from the Kimhae market on September 7, 2002 to newly construct the instant multi-family housing, and the F continued the construction after reporting the commencement of construction on October 22, 2002.

F was unable to carry out construction due to financial difficulties, on February 12, 2003, the F sold the land of this case to the Dong-dong, Yeong Myun (hereinafter referred to as the "Yeong-dong, Yeng, Yeong-Jeng (hereinafter referred to as the "Yeong-Jeng, Yeong-Jeng"), and completed the registration of ownership transfer on the land of this case to the

The F changed the name of the owner of the instant apartment building into the dong-Cyun Park Jong-gun, on the 20th of the same month.

On March 13, 2003, the establishment of the right to collateral security of this case and the area of the same dong-Jaeng-Jaeng (hereinafter “Mae-Jae-Jae-Jae-Ja-Ja-Ja-Ja

The same day of the same day, the Dong-Jeng Myun Park Bank and the land of this case concluded a contract to establish a mortgage, and the registration of creation of a mortgage in the vicinity of the maximum debt amount of KRW 650 million (hereinafter referred to as the "mortgage of this case") was completed.

In order to secure loans as stipulated in Paragraph (1) of the above Article, the East-Masan District District Bank agreed to transfer the instant apartment house and the construction permit right, etc. on the instant apartment house to the Mapo Savings Bank on the same day, and waive the loan if it is impossible to repay the loan, without any condition. Accordingly, the East-Masan District District Deposit Bank on the same day (hereinafter referred to as the “this case’s building acquisition agreement”).

2.3.2

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