(영문) 서울중앙지방법원 2015.09.10 2015가합514129

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(영문) 서울중앙지방법원 2015.09.10 2015가합514129

건물인도 등 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of the establishment of a neighboring mortgage on the real estate listed in the attached list 1) B limited company (hereinafter “B”).

(A) On June 14, 2010, the Real Estate listed in the [Attachment List (hereinafter “the Real Estate”), which was owned by the Plaintiff upon obtaining a loan from the Mine Credit Union, is the Real Estate.

(2) On June 14, 2010, J. B entered into a contract to establish a collateral security right with respect to the instant real property on June 14, 2010, under the receipt of 22080 on June 14, 2010, the registration of establishment of a collateral security right with respect to the obligor B, the mortgagee’s mining credit union, and the maximum debt amount of the instant real property amount of KRW 2.86 million was completed.

B. The Plaintiff acquired the instant real estate (1) on January 10, 2012, the Mine Credit Union filed an application for voluntary auction of the instant real estate with the District Court (the District Court).

C. The auction of this case (hereinafter referred to as “instant auction”).

(2) On January 11, 2012, the said court rendered a voluntary decision to commence the auction of the instant real estate, and registered the voluntary decision to commence the auction as the receipt of the Korea District Court Macheon Registry No. 1274 on January 11, 2012.

3) Samhae Incorporated Co., Ltd. (hereinafter referred to as “Seoul”) is an agricultural corporation.

(4) On June 2, 2014, the Plaintiff entered into a trust agreement with the Plaintiff on June 2, 2014 and completed the registration of ownership transfer in the name of the Plaintiff on June 2, 2014 with respect to the instant real estate as the receipt of the instant real estate on June 2, 2012, under the name of Jung-gu District Court Macheon Registry No. 20483, Jun. 2, 2014.

C. The Defendant occupied the instant real estate as of the date of the closing of argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion is that of the plaintiff.

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