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(영문) 대구지방법원포항지원 2017.11.14 2016가단9238
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From June 6, 2015, the above real estate.

Reasons

1. Basic facts

A. On August 25, 201, Sam-Hy Credit Union Co., Ltd. provided real estate listed in [Attachment 1 and 2 (hereinafter “each land of this case”) as security by C from August 25, 201, and loaned KRW 220,000,000 to C as new construction funds for each land of this case (hereinafter “instant building”).

Sam-Hy Credit Cooperatives extended additional loans to C according to the progress ratio of the building of this case to be newly constructed at the time of the above loan, and C immediately received the registration of preservation of ownership of the building of this case from C as security, and completed the registration of creation of mortgage of neighboring land of this case, which is the maximum debt amount of 80,000,000.

C Since the construction of the building of this case was commenced on November 3, 201 with permission granted for the construction of the building of this case on November 3, 201, the construction of the building of this case was commenced on January 13, 201, KRW 200,000 from the Hypo Credit Union on January 13, 201,

3. 3. 300,000,000 additional loans have been granted respectively.

On April 29, 2014, Sam-Hy Credit Cooperatives completed registration of initial ownership of the instant building in subrogation of C on April 29, 201, and completed registration of initial ownership of the said building on the same day as the maximum debt amount of 800,000,000, and for the same year.

5.1. In addition, with respect to each of the instant lands and buildings, the registration of the establishment of a neighboring mortgage consisting of a maximum debt amount of 150,000,000 shall be completed.

B. On January 21, 2014, C, including the preparation of a lease contract between C and the Defendant, drafted a lease contract with the Defendant for KRW 80,000,000 on the instant housing and for 24 months from January 21, 2013: Provided, That the date of preparation was retroactively written on January 20, 2013.

On January 21, 2014, the Defendant completed a move-in report on the instant housing on January 21, 2014, and received a fixed date on the same day.

C. Auction procedure as to each of the instant lands and buildings, and Plaintiff.

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