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(영문) 서울남부지방법원 2018.04.24 2017가단2087
건물명도(인도)
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) KRW 21,492,045 and its total amount of KRW 15,603,225 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On March 11, 2015, D Co., Ltd. entrusted with the business of the Korea Housing Finance Corporation, acquiring the Plaintiff’s ownership, filed an application for a voluntary auction of real estate regarding the real estate stated in the attached list to Seoul Southern District Court E (hereinafter “instant real estate”) with the Seoul Southern District Court, and received the decision to commence auction on May 7, 2014, and on May 11, 2014, the decision to commence voluntary auction was completed.

(hereinafter) The above auction procedure is “instant auction procedure.” The Plaintiff received a decision of permission for sale on March 11, 2015 from the instant auction procedure, and paid the sales price in full on April 15, 2015.

B. (1) In the instant auction procedure, Defendant B Co., Ltd. (hereinafter “Defendant B”) reported the lien of Defendant B Co., Ltd. (hereinafter “Defendant Company”), on January 5, 2012, Defendant B (hereinafter “Defendant Company”) purchased a subcontract for the construction of the construction of the new apartment and the construction of the construction of the new apartment by removing 12 households of the Geumcheon-gu Seoul Galet Housing from a limited liability company F (hereinafter “F”). The said new apartment construction was completed on July 31, 2012, but was not paid KRW 145,09,00 for the construction cost. Accordingly, the said new apartment was asserted that it occupied the instant real estate with the consent of F in order to exercise the lien on the instant real estate, one of the new apartment units, and reported the lien on May 27, 2014.

(2) In the instant auction procedure on November 26, 2014, the Defendant Company submitted an amendment to the effect that the Defendant Company reported Defendant C as the occupation assistant of the Defendant Company with the lien holder.

C. On April 22, 2015, the Plaintiff applied for a real estate delivery order against the Defendant Company as Seoul Southern District Court H on April 22, 2015.

The first instance court dismissed the foregoing application on June 2, 2015, but on July 22, 2015, from the appellate court (Seoul Southern District Court 2015Ra157), Defendant C filed a registration of voluntary decision to commence auction on the instant real estate before May 11, 2014.

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