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(영문) 인천지방법원 2015.11.20 2014가합6707
건물인도
Text

1. The defendant shall display to the plaintiff succeeding intervenor an indication 1, 2, 3, 4, and 1 of the annexed drawing among the lands listed in paragraph 2 of the attached Table.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of Gap evidence Nos. 2, 6, 15 to 21 (including each number; hereinafter the same shall apply), Eul evidence Nos. 11-1 and 18, or in full view of the purpose of the oral and visual arguments as set forth in the evidence No. 11-1 and 18.

Attached Form

1) B, and C, on June 10, 201, the National Bank Co., Ltd. (hereinafter “National Bank”) (hereinafter “National Bank”)

(1) Each of the real estates listed in the separate sheet (hereinafter referred to as “each of the real estates of this case”) in which they own one-half shares of the National Bank to secure the obligation of the loan, upon obtaining a loan from the National Bank.

(2) On February 26, 2013, the National Bank filed an application for voluntary auction against each of the instant immovables with the Incheon District Court D, based on the foregoing right to collateral security.

3) On February 27, 2013, the foregoing court rendered a decision to voluntarily commence the auction of each of the instant real estate. On February 27, 2013, the registration of the decision to voluntarily commence the auction was completed by the Gyeyang Registry of the Incheon District Court as of February 27, 2013, the Plaintiff (hereinafter “Plaintiff”) was awarded a successful bid for each of the instant real estate in the said voluntary auction procedure. The registration of transfer of ownership was completed in the Plaintiff’s name on the grounds of the sale of each of the instant real estate by the voluntary auction on May 30, 2014.

5) On August 4, 2015, when the lawsuit in this case was pending, the Plaintiff is the Intervenor succeeding to the Plaintiff (hereinafter “Succession Intervenor”).

On September 4, 2015, the registration of transfer of ownership was completed in the name of the succeeding intervenor due to the sale and purchase of each of the instant real estate.

B. On the other hand, the defendant reported the right of retention, and on May 13, 2013, when the above voluntary auction procedure for each of the instant real estate was in progress, the defendant stated in paragraph 3 of the attached Table among each of the instant real estate.

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