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Reasons
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(영문) 대전지방법원 홍성지원 2018.12.05 2018가단5485
소유권이전등기
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1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Appendix 1;

(b) concerning the buildings listed in Appendix 2.

Reasons

1. Facts of recognition;

A. As to the lending of KRW 2.8 billion to B on September 30, 2016, the Plaintiff concluded a mortgage contract and a superficies contract with the Defendant on each land of KRW 1,245 square meters, I miscellaneous land, 1,377 square meters, J Miscellaneous land, 3,505 square meters, and 8 square meters in Korea (hereinafter “each land of this case”) with respect to the debtor, mortgagee, the Plaintiff, the maximum debt amount of KRW 3.36 million, and the maximum debt amount of KRW 3.36 million, all of which are owned by the Defendant, as security for the above loan.

At that time L also concluded a mortgage contract and a superficies contract on the land by providing the neighboring land of each of the instant lands owned by himself as a security (B).

On September 30, 2016, the Plaintiff agreed to transfer the ownership of the following goods (the building and annex building of the driver's license institute) to the Plaintiff by offering the Defendant, B, and Hongsung-gun as collateral. In relation to the subsequent exercise of the security right to the land, the Plaintiff did not have any objection even if he arbitrarily disposes of or removes the goods, and the cost is to be borne by the Defendant or the Defendant and B (the interpretation of the right is deemed to mean the Defendant or the Defendant and B).

① 소재지 : 홍성군 H, G, I ② 물건의 명칭 ㉠ 경량철골조 조립식 판넬지붕 1층 운전학원 및 사무실 약 199.92㎡, 2층 사무실 약 171.36㎡ ㉡ 경량철골조 조립식 판넬지붕 단층 화장실 약 20.4㎡ ㉢ 경량철골조 칼라강판지붕 단층 창고 약 17.5㎡ ㉣ 경량철골조 칼라강판지붕 단층 창고 약 136㎡ ㉤ 경량철골조 조립식 판넬지붕 단층 통제실 약 16㎡

C. On October 6, 2016, the Plaintiff, at the request of the Plaintiff, shall remove 5 units of buildings other than the presentation of real estate as well as L and secured real estate, and where a building should be commenced by obtaining a building permit on the ground after the loan, the Plaintiff shall immediately repay the loan and justifiable reasons.

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