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(영문) 의정부지방법원 2014.08.12 2012가단39783
건물명도
Text

1. The Defendant shall pay KRW 209,00,000 from Nonparty C and 5% per annum from April 26, 201 to the date of complete payment.

Reasons

1. Basic factual basis

A. Nonparty C completed the registration of ownership transfer on July 30, 2010 with respect to each building listed in the separate sheet to be used for bath bath (hereinafter “instant building”).

(Transaction on July 16, 2011, C entered into a mortgage agreement between the National Bank Co., Ltd. and the National Bank on April 29, 2011, with a view to securing the obligation of the loan, as a result of a loan granted by the National Bank Co., Ltd. on April 29, 201, with a view to securing the obligation of the loan, as well as having entered into a mortgage agreement with the debtor C as to the instant building, with a maximum debt amount of KRW 624,00,000 and KRW 507,000,000, and on April 29, 2011, the establishment registration was completed with the National Bank Co., Ltd.

B. On October 4, 2011, at the request of the National Bank of Korea, the decision to voluntarily commence the auction of the instant building was rendered, and on July 16, 2012, the registration of ownership transfer was made on the ground of the Plaintiff’s “sale by voluntary auction” as of the instant building as of July 16, 2012.

C. On the other hand, on March 22, 2011, the Defendant reported a lien on the instant building as a secured claim, with the payment claim of KRW 209,00,000 (including value-added tax) upon completion of the said construction work, after being awarded a contract for remodeling construction for the instant building from C in the said voluntary auction procedure on December 23, 2011, and currently occupies the instant building.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 4, Eul evidence No. 19, Eul evidence No. 18-1 through 6, the purport of the whole pleadings

2. Requests for delivery of a building;

A. According to the factual basis of the judgment on the cause of the claim, since the building of this case is presumed to be owned by the plaintiff, the defendant who occupies the building of this case is obligated to deliver the building of this case to the plaintiff, barring any special circumstance.

B. The defendant's defense and judgment as to the defense of this case are entitled to attract the building of this case until the time when the claim for construction price occurred in relation to the building of this case is due.

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