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(영문) 광주지방법원 2017.01.19 2016가단14329
건물철거 및 토지인도 등
Text

1. From April 16, 2016 to the Plaintiff, the Defendant indicated the attached Form 1, among the 72,000 won and the 483 square meters in the warehouse site in Yangyang-gun, Jeonyang-gun.

Reasons

1. Basic facts

A. (1) On January 30, 2008, D purchased ownership of 1,775 square meters in Gyeyang-gun, Jeonyang-gun, Jeonyang-gun, and acquired ownership. On March 28, 2008, D divided the said land into 500 square meters, C, 483 square meters in total, F, 512 square meters in total, and 280 square meters in total, and on December 3, 2008, with respect to the said E, on December 3, 2008, each land category was changed into a warehouse site with respect to the said E, 50 square meters in total, 483 square meters in total, 512 square meters in total, and 280 square meters in total, before C, January 18, 2010.

(2) On December 12, 2008, the registration of preservation of ownership was completed by newly building 56.25 square meters in a warehouse of a general steel structure 500 square meters on the above E, which was located on the top of 500 square meters. In fact, the above building was in a state of 45 square meters in which (a) part of the attached drawing was connected in sequence of 1, 2, 11, 10, and 1 among the land of 483 square meters prior to C, and was in a state of 45 square meters in the same day. On the same day, the said building was in a state of breaking Co., Ltd. (a) under H’s name (a cause of sale), H (merger) Co., Ltd. on January 20, 209, Co., Ltd. (a cause of merger) on December 26, 201, and on April 18, 2012 (a cause of sale).

(3) On September 10, 2008, in order to jointly secure the obligations owed to the Industrial Bank of Korea of H Co., Ltd., on September 10, 2008, the establishment registration of a mortgage over KRW 168,000,000 with respect to the aggregate debt amount of KRW 168,000,000 with respect to the warehouse set forth in the above paragraph (2) above, the establishment registration of a mortgage over the maximum debt amount of KRW 168,00,000 with respect to the warehouse set forth in the above paragraph (2) was additionally added to the aggregate debt amount of KRW 168,00,000 with respect to the warehouse set forth in the above paragraph, and the creation registration of a mortgage over the said C warehouse set up on June 29, 2010 to jointly secure the obligations owed to his national bank, KRW 483,512,00,00 with respect to each maximum debt amount of KRW 221,00,00

(4) On November 14, 201, 200 square meters in the above E warehouse site, 500 square meters in the C warehouse site, 483 square meters in the C warehouse site, 512 square meters in the F warehouse site, and 280 square meters in the G warehouse site were donated to K, L, and M as one-third shares, and the registration procedure was completed.

B. L is the remainder as to the remaining E warehouse site of 500 square meters in the voluntary auction procedure that proceeds from the execution of each right to collateral security as set out in the above sub-paragraph (3) and (b) on January 3, 2014 (the Seoul District Court NN, November 30, 2012) (the decision to commence auction on November 30, 2012).

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