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(영문) 수원지방법원 안양지원 2017.02.16 2016가단100773
건물등철거
Text

1. Defendant C:

(a) Plaintiff A, KRW 12,634,345, and its related amount are 5% per annum from January 1, 2017 to February 16, 2017, and 5% per annum.

Reasons

In fact, recognition was made on March 20, 2012, on the ground of sale on March 20, 2012, H acquired ownership transfer registration in H on April 26, 2012, on each land listed in each paragraph (a) listed in each paragraph (hereinafter referred to as “land 1”; “land 2”; “land 2”; “land 3”; “land 3”; and “land 4” listed in paragraph (a) listed in each paragraph (a) listed in the separate sheet for acquisition of ownership of land 1-4 (hereinafter referred to as “land 1-4”); and H acquired ownership of land 1-4.

On October 18, 2012, H created a joint collateral security (hereinafter “instant collateral security”) of KRW 2.1 billion with respect to the land Nos. 1 through 4, the National Savings Bank (hereinafter “National Savings Bank”) established the joint collateral security of KRW 2.1 billion with respect to the maximum debt amount.

Transfer of ownership of land between 1 and 4: The Defendants, as the Defendants, transferred ownership of land from 1 to 4 as follows.

On September 25, 2012, Defendant 1, and Defendant 2 (Share 1/2, respectively) of the land No. 1 and 2 (Share 1/2) on September 22, 2013 on the date of the registration of transfer of land owner’s ownership on September 25, 2012, Defendant 3, on December 8, 2012, 201, Defendant 4, on December 24, 2011, Defendant 4 and Defendant 5, on September 26, 2013, the Plaintiffs purchased shares of Plaintiff A from the land No. 1 to 14 on September 22, 2015, for a compulsory auction (hereinafter “instant compulsory auction”) with the Government District Court of Jung-gu on September 22, 2015, Plaintiff A acquired shares of Plaintiff 9/10 and Plaintiff B10/10 on September 24, 2013.

As the land No. 1-4 was sold to the plaintiffs at the compulsory auction of this case, the right to collateral security on the land No. 1-4 was cancelled.

At the time of establishing the instant mortgage-mortgage, H’s new construction of the building and transfer of ownership of the instant building: (a) each building listed in paragraph (b) of Article 1-4 of the attached Table No. 1-4 (hereinafter referred to as “No. 1”; (b) “No. 2-B”; (c) “No. 3”; and (d) “No. 4” are the buildings listed in paragraph (b).

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