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(영문) 수원지방법원안양지원 2020.02.07 2018가합103049
토지인도
Text

1. Defendant B:

A. Of the lands listed in [Attachment I] Nos. 1 and 5 of the Schedule 1, it is marked as 62, 63, 64, 65, and 62.

Reasons

1. Basic facts

A. On May 3, 2018, the Plaintiff purchased each of the above lands in the voluntary auction procedure (hereinafter “instant auction procedure”) as to each of the lands listed in the separate sheet No. 1 (hereinafter collectively referred to as “each of the instant lands”) on May 3, 2018, and acquired ownership. Defendant B is the former owner of each of the above lands.

B. Defendant B purchased the instant land Nos. 1, 9 on June 27, 2006, and each of the instant land Nos. 2 through 4, 7, and 8 on April 5, 2007, and completed the registration of ownership transfer around that time.

C. On May 30, 2008, Defendant B newly constructed Class II neighborhood living facilities on the first and second land of this case on May 30, 2008, with the size of the first and third floors underground, and the same year.

6. On the 30th and 4th of the instant case, a building permit was obtained for the construction of Class 2 neighborhood living facilities with the third and third underground floors and the third above ground level. Around that time, the construction of a new building was commenced on each of the above lands (hereinafter “instant construction”).

Meanwhile, on August 29, 2008, Defendant B established Defendant C (hereinafter “Defendant C”) that is engaged in real estate development business, etc.

E. Defendant B purchased the instant land on January 15, 2010 and completed the registration of ownership transfer on March 12, 2010, and purchased the instant land on January 20, 2010 and completed the registration of ownership transfer on March 18, 2010.

F. On April 22, 2011, Defendant B entered into a mortgage agreement with G bank (hereinafter “G bank”) on each of the instant land at KRW 2,990,000 with respect to each of the instant land, which is set forth as the debtor B, the maximum debt amount of KRW 2,90,000,000. Around that time, the establishment registration of a mortgage was completed near

(g) The registration of the establishment of the instant neighboring mortgage (hereinafter “instant mortgage”). Meanwhile, Defendant D Co., Ltd. (hereinafter “Defendant D”) on August 27, 201 from Defendant C on the same day.

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