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(영문) 대전지방법원 2017.08.22 2016가단9169
토지인도 등
Text

1. For the plaintiffs:

A. Of 403 square meters in Sejong Special Self-Governing City, indication 8, 9, 25, 26, 27, 28, and 8 of the attached Form 1, respectively.

Reasons

Basic Facts

In the process of changing ownership of the instant land in Sejong Special Self-Governing City (hereinafter “instant land”) the ownership transfer registration was completed on July 15, 1971 under the name of Sejong Special Self-Governing City on August 4, 1971, in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Apr. 12, 1985; hereinafter “Special Act”) on February 5, 1985.

On October 11, 2010, the J completed the registration of creation of a collateral on the instant land as the maximum debt amount of 400,000,000 won, the debtor J and the mortgagee K Co., Ltd. on September 13, 2010, and again completed the registration of establishment of a collateral on November 10, 201 with the maximum debt amount of 10,000,000,000 won, the debtor J and the mortgagee L as the mortgagee on November 10, 2010.

K Co., Ltd. filed an application for voluntary auction of the instant land on January 26, 201, and after the auction procedure, K Co., Ltd received the bid of the instant land, and on September 7, 2011, K Co., Ltd. completed the registration of transfer of ownership in the name of K Co., Ltd. on September 1, 201 due to the sale of the instant land by voluntary auction on September 1, 2011.

With respect to the instant land, KRW 210,00,000 for maximum debt amount on April 2, 2012, the registration of creation of a neighboring mortgage consisting of debtor M, mortgagee N, andO, the registration of creation of a neighboring mortgage on November 14, 2012, the registration of creation of a neighboring mortgage consisting of debtor M, mortgagee N, andO, the registration of creation of a neighboring mortgage on May 14, 2012, the maximum debt amount of KRW 1,160,000,000 for maximum debt amount on May 14, 2013, the registration of creation of a neighboring mortgage consisting of debtor K, M&A, the M&W, and the mortgagee and the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based collective investment fund, respectively, was completed on June 11, 2013.

On September 17, 2013, when N orO applied for voluntary auction with respect to the instant land on September 17, 2013, the Plaintiffs received the successful bid on August 27, 2014.

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