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Reasons
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(영문) 대전지방법원 2015.08.20 2014가단21226
건물명도 및 유치권부존재확인
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1. The Plaintiff:

(a) Defendant A, B, and C are buildings listed in paragraph 1 of the attached Table;

B. Defendant D and E shall be subject to Paragraph 2. of the attached Table.

Reasons

1. Basic facts

A. Each building listed in paragraph (1) below in the separate sheet owned by the Plaintiff refers to "1203", "901", and "601", and "in the case of general name, the buildings listed in paragraph (2) shall be referred to as "each building", and "the whole building including each building in dispute" shall be referred to as "the building of this case."

The original stock company was owned by the interest industry, but the plaintiff was owned as follows.

Sale of 901 transfer due to voluntary auction on May 20, 2013, No. 1203, May 30, 2013, No. 30693, May 2013, 2013; sale of 601 transfer of ownership due to voluntary auction on July 8, 2013, No. 40310, Jun. 28, 2013; No. 40309, Jul. 8, 2013; and sale due to voluntary auction on June 28, 2013.

B. As to 1203, May 27, 2013, the Plaintiff filed an application with Defendant A for the provisional injunction against the transfer of real estate possession (No. 2013Kadan3890) with respect to subparagraph 1203, and received the provisional injunction order from the Daejeon District Court on June 5, 2013, and on June 18, 2013, issued the provisional injunction against the transfer of possession under subparagraph 1203 with the title of execution. 2) On July 7, 2013, the Plaintiff received the provisional injunction against the transfer of possession under subparagraph 1203 from the Daejeon District Court on July 7, 2013, and the order was served on Defendant A on July 19, 2013.

3) On January 6, 2014, the Plaintiff intended to receive 1203 units through an enforcement officer, but, on the other hand, the Plaintiff’s Korea-si and the Defendant L&C Development Co., Ltd. (hereinafter “N&C Development”).

(C) On September 2, 2013, the Plaintiff filed an application against Defendant D for the provisional injunction against the transfer of real estate possession (No. 2013Kadan6243) on September 9, 2013, and received the provisional injunction from the Daejeon District Court on September 9, 2013, while it appears that the K&M was the development of the K&A, but it appears that Defendant B did not have obtained the transfer of real estate ownership by asserting the lien.

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