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(영문) 의정부지방법원 고양지원 2018.08.10 2017가단88714
건물명도(인도)
Text

1. The defendant shall display the annexed drawings to the plaintiff among the 1st floor of the building listed in the annexed list, 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Fact-finding;

A. The building indicated in the separate sheet (hereinafter “instant building”) was owned by C. On August 22, 2016, the Plaintiff acquired ownership on the ground of sale by voluntary auction on June 15, 2017, where the creditor, the National Savings Bank (hereinafter “National Savings Bank”) rendered a voluntary decision to commence auction (hereinafter “instant auction”) upon the application of the National Savings Bank Co., Ltd. (hereinafter “National Savings Bank”) and the Plaintiff acquired ownership.

B. The right to collateral security, which was created on the instant building, was cancelled on the ground of sale due to the instant auction, was as follows, and the registration of creation of a right to collateral security was also cancelled.

① The right to collateral security set forth on February 6, 2004: 60,000,000 won with the maximum debt amount set on August 27, 201; 223,000,000 won with the maximum debt amount set on August 25, 2004; 3,000 won with the debtor C, and agricultural cooperatives with the right to collateral security; 4,000 won with the right to collateral security set on December 25, 2004; 91,00,000,000 won with the maximum debt amount set on December 2, 201; 91,00,000 won with the obligor, E, and the National Savings Bank with the Right to collateral Security (11: the right to collateral security set on May 27, 2013.

다. 이 사건 경매절차에서 이 사건 건물에 대하여 실시된 부동산현황조사 결과, 피고가 건물 중 1층 점포{별지 도면 표시 ①, ②, ③, ④, ⑤, ⑥, ①의 각 점을 순차 연결한 선내 ㈎부분 181㎡에 해당한다. 이하 ‘이 사건 점포’라 한다}를 임대차보증금 7,000만 원, 차임 월 80만 원에 임차하여 ‘G’를 운영하고 있는 것으로 조사되었다.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the grounds of the instant claim, unless there are other special circumstances, the Defendant delivers the instant building to the Plaintiff who won the successful bid, and the Plaintiff.

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