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(영문) 수원지방법원 여주지원 2018.08.22 2017가합5500
건물명도(인도)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, based on the right to collateral security, filed an application for voluntary auction (hereinafter “instant auction”) against each of the buildings listed in the [Attachment No. 1] No. 3 and 4 attached table No. 1 and 2 listed in the table No. 1 and 2 attached to G et al. (hereinafter “each of the instant lands”) based on the right to collateral security (hereinafter “each of the instant lands”) and each of the instant buildings listed in the table No. 3 and 4 attached to H Co., Ltd. (hereinafter “H”). At the time of individual geographical names, the Plaintiff filed an application for voluntary auction (hereinafter “instant auction”) against each of the instant lands and each of the instant buildings on February 16, 2015.

In the instant auction procedure, Defendant B reported, on March 2, 2015, the right of retention, the secured claim of KRW 486,500,000 against H, as the secured claim, and Defendant C reported, on March 9, 2015, the right of retention, the secured claim of KRW 198,500,000 against H, as the secured claim.

B. In the instant auction procedure, the Plaintiff was awarded a bid for the share of 1/2 of the instant land, the instant land No. 2, and each of the instant buildings, and completed each registration of ownership transfer on April 19, 2016.

C. At present, Defendant D, in accordance with the security service agreement with Defendant B and C, was accommodated in each of the instant land, each of the instant buildings, and each of the instant land, each of the instant building, and each of the instant land, each of the instant land, each of the instant building, each of the instant land, each of the instant land, each of which was connected in sequence with each of the items indicated in (c) the size of 18 square meters on the ground container 18 square meters on the ground, each of which is indicated in the attached drawing Nos. 2, 86, 87, 88, 89, 89, and 86, and each of (d), each of which was connected with (d) the point indicated in the aforesaid drawing Nos. 90, 91, 92, 93, and 90 in sequence, and each of (d) the parts of the instant land, each of which was connected with 6 square meters on the steel container, each of which is 100 20 m25 m2.

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