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(영문) 광주지방법원 2017.11.22 2017나809
건물철거 및 토지인도 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Facts of recognition;

A. D acquired ownership of 1,775 square meters prior to the Jeonyang-gun E through a voluntary auction procedure (Seoul District Court R) on January 30, 2008.

B. D on March 28, 2008, the said land was divided into five hundred square meters, five hundred square meters, five hundred square meters prior to C, five hundred square meters prior to F, five hundred square meters prior to G, and two hundred square meters prior to G.

D In addition, on December 3, 2008, the land category of 500 square meters prior to E prior to E was changed to a warehouse site, and on January 18, 2010, the land category of 483 square meters prior to C, 512 square meters prior to F, and 280 square meters prior to G was changed to a warehouse site.

C. D around November 208, 2008, newly constructed a 56.25 square meters of a general steel structure board board, a single-story warehouse (hereinafter “instant building”) on the E-Ground of Jeonyang-gun, Jeonyang-gun, Seoul, and completed registration of initial ownership on December 12, 2008.

However, in fact, the above building was newly constructed in a 483 square meters connected in order to each point of (i) the attached map No. 1, 2, 11, 10, 10, and 1, and it has reached the present point.

D On December 12, 2008, the registration of transfer of ownership (the cause of registration: the sale as of December 10, 2008) was completed in the name of H Co., Ltd. with respect to the building of this case.

In addition, on January 20, 2009, each registration of ownership transfer was completed in the name of H Co., Ltd. (the cause of registration: the merger of companies as of December 28, 2008), on December 26, 2011 under the name of H Co., Ltd. I (the trade as of November 1, 201) and on April 18, 2012 under the name of J (the cause of registration: the sale as of April 5, 2012).

E. On September 10, 2008, D completed on September 10, 2008 the registration of the establishment of a neighboring mortgage amount of KRW 168 million with respect to the debtor H Co., Ltd. and the maximum debt amount of KRW 500,000,000,000 to the Industrial Bank of Korea.

F. On September 10, 2008, D had the Industrial Bank of Korea registered the establishment of a neighboring mortgage of KRW 168 million with respect to the debtor D and the maximum debt amount of KRW 168,00,000,000 with respect to the size of 483 square meters, etc., Jeonyang-gun, Jeonyang-gun, the Industrial Bank of Korea was cancelled on June 29, 2010.

(Reasons for Registration: Termination of June 29, 2010). D, on June 29, 2010, to the National Bank of Korea, Co., Ltd., Ltd., the debtor D, with respect to the 483 square meters of the warehouse site for Jeonyang-gun Co., Ltd. (hereinafter “instant land”).

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