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(영문) 대전지방법원천안지원 2019.02.20 2017가단110669
토지인도
Text

1. The bankruptcy trustee B of the bankrupt debtor corporation B, which is the taking over of the lawsuit by the defendant B, shall be the plaintiff.

Reasons

1. Facts of recognition;

A. On June 26, 2017, the registration of ownership transfer was completed in the name of the Plaintiff on the ground of sale due to compulsory auction on June 26, 2017, with respect to the 31,342 square meters of land for I (the instant one parcel of land) and L/L factory sites (the instant two parcels of land) in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter referred to as “B”) and 11,890 square meters of land.

B. Of the land of this case 1-A, the machinery No. 7 and No. 8 (hereinafter referred to as the machinery of this case), the warehouse No. 1-A (hereinafter referred to as the warehouse Jdong in this case), the warehouse No. 1-A as stated in the Order No. 1-A (hereinafter referred to as the "ware No. 1-A"), and the warehouse Kdong in the warehouse No. 1-A (hereinafter referred to as the "ware of this case") are owned by B.

C. Of the instant land 2, waste materials and waste vinyl No. 1-B of the Disposition No. 1-B of this case, waste materials and waste vinyl No. 1-B of the Disposition (hereinafter collectively referred to as “waste materials, etc.”) are presumed to be owned by B as they continue to exist since they owned the instant land No. 2.

The Plaintiff filed the instant lawsuit against B on October 12, 2017, but B was declared bankrupt on December 7, 2017 by the Jung-gu District Court 2017Hahap1079, and Attorneys C was appointed as bankruptcy trustee, and the bankruptcy trustee took over the instant lawsuit.

[Ground of recognition] Each entry or image of Gap evidence 1 to 6 (including paper numbers), Eul evidence 2, and the purport of the whole pleadings

2. Determination as to the claim against C by the bankruptcy debtor B, which is the taking over of the lawsuit by the defendant B,

A. According to the above facts of recognition as to the cited part, C’s bankruptcy debtor B, a bankruptcy trustee of Defendant B’s lawsuit of the Plaintiff, the owner of the instant land, and C’s bankruptcy debtor, a bankruptcy trustee of the instant machinery and the instant warehouse J-dong, K-dong, and the instant waste materials, etc. belong to the bankruptcy foundation, and thus, the instant machinery belongs to the bankruptcy foundation, and the removal and removal of the instant machinery as the bankruptcy trustee, and the warehouse J-dong, and the instant warehouse.

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