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(영문) 의정부지방법원 2016.09.02 2016가단3843
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 6, 8, 9, 10, and Eul evidence 1, 2, and 3:

(1) On May 28, 2004, Defendant C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On July 19, 2012, the Plaintiff loaned KRW 50 million to Defendant C at an annual interest rate of 25%.

(3) As to the instant real estate, the Defendant C completed the registration of the establishment of a collateral security right, which is: (a) on June 18, 2004, with respect to the registration of a collateral security right, which is the debtor F, and the National Bank of the mortgagee; (b) on April 16, 2005, with respect to the registration of a collateral security right, the debtor is changed to C; (c) the registration of the establishment of a collateral security right, which is the national bank of the mortgagee; and (d) the registration of the establishment of a collateral security right, which is the national bank of the mortgagee; (e) the registration of the establishment of a collateral security right, which is the maximum debt amount, KRW 48 million on December 15, 2010; and (e) the registration of the establishment of a collateral security right, which is the plaintiff of the mortgagee; and (e) the registration of the establishment of a collateral security right, which is the mortgagee of the mortgagee, five million won on July 17, 2012.

(4) A national bank applied for a voluntary auction procedure with respect to the instant real estate and conducted the voluntary auction procedure.

(5) On July 9, 2015, the Plaintiff acquired the ownership of the instant real estate by fully paying the sales price in the said voluntary auction procedure.

B. The Defendants’ status (1) Defendant C is the wife of Defendant B, and Defendant D and E are the children of Defendant B.

(2) Even after the ownership of the instant real estate was reverted to the Plaintiff, the Defendants occupied and used the instant real estate, and currently occupied and used it.

C. On October 23, 2015, the Plaintiff prepared a letter of performance with Defendant B as follows with respect to the instant real estate:

(hereinafter referred to as “instant agreement”). - At present, this case.

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