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(영문) 광주지방법원 2015.06.12 2014가단520578
건물인도 등 청구의 소
Text

1. The Plaintiff:

A. Defendant A shall deliver the real estate indicated in paragraph 1 of the indication of the attached Table 2, and from July 11, 2014.

Reasons

1. Facts of recognition;

A. On July 28, 2001, Nonparty E completed the registration of ownership transfer on the real estate listed in Attachment 1 List 1 (hereinafter “instant site”) based on sale and purchase. Nonparty E completed the registration of ownership transfer on the real estate listed in Attachment 1 List 2 (hereinafter “instant building”). On January 8, 2002, Nonparty E completed the registration of ownership preservation on the real estate listed in Attachment 1 List 1 List 2 (hereinafter “instant building”).

B. On November 21, 2002, Nonparty E completed the registration of creation of the right to collateral security with the National Agricultural Cooperative Federation and the maximum debt amount of KRW 910 million (hereinafter “instant right to collateral security”) with respect to the instant real estate under Article 70272 at the registration office of the Gwangju District Court on November 21, 2002.

C. Nonparty F completed the registration of ownership transfer on the instant real estate by reason of sale on December 1, 2011.

On August 21, 2013, the Agricultural Bank Co., Ltd. received a voluntary decision to commence the auction of the instant real estate from Gwangju District Court G with respect to the instant real estate based on the instant collateral security.

E. On July 11, 2014, the Plaintiff purchased the instant real estate in the auction procedure for the said real estate, and completed the registration of ownership transfer in the name of the Plaintiff.

F. Of the fourth floor of the instant building, Defendant A occupied and used the parts on board connected with each point of Appendix 1, 2, 3, 6, 5, 7, and 1, and the part on board, among the second floor of the instant building, which are linked in sequence to the two points of the instant building, from July 11, 2014, which is the date of the Plaintiff’s ownership, to the date of each possession.

G. As of July 11, 2014, the monthly rent for the part on the ship connecting each point of Annex 1, 2, 3, 6, 5, 7, and 1 among the fourth floor of the instant building is 341,00 won, and the monthly rent for the part on the ship connecting each point of Annex 3 among the second floor of the instant building is 64,00 won, which is 64,00 won for the part on the ship connecting each point of Annex 1, 2, 3, 6, 5, 7, and 2.

[Reasons for Recognition]

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