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(영문) 울산지방법원 2018.01.25 2016가합21175
토지인도
Text

1. The Plaintiff:

A. The defendant C Co., Ltd. shall describe each part of the possession column of each real estate listed in the separate sheet 1 attached hereto.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s status as the parties 1) The Plaintiff is a pulp manufacture and sales company, Defendant B Co., Ltd. (hereinafter “B”).

(C) Defendant C Co., Ltd. (hereinafter “C”) shall sell aggregate, etc.

Defendant D (hereinafter “D”) is the production and sale business of earth and stone collection and collection, etc.

Defendant E (hereinafter “E”) is the aggregate production business, etc., and Defendant E (hereinafter “E”).

2) Around July 2005, F Co., Ltd. (hereinafter “F”) was the owner of each real estate listed in the separate sheet No. 1 (hereinafter “each land of this case”). Around July 2005, the implementer of an industrial complex development project was designated as a site for logistics warehouses and auxiliary facilities. Around that time, permission for mountainous district conversion and permission for soil collection was granted to the head of Ulsan-gu, Seoul Special Metropolitan City, for each land.

B. On June 8, 2006, H Co., Ltd. for the filling-up registration of a decision to commence auction on each parcel of land completed the registration of creation of a neighboring mortgage covering F debtor as F, the maximum debt amount of KRW 16,300,000 with respect to each parcel of land as KRW 16,30,000. On July 14, 2014, Ulsan District Court I applied for an auction of real estate on each parcel of land, and on each parcel of land on July 28, 2014, the entry registration of a decision to commence auction was completed.

(hereinafter “instant auction procedure”). C.

(1) Defendant B filed a report on the right of retention and the registration of ownership transfer on each land. Defendant B filed a report on the right of retention as secured claim for the construction cost of KRW 6,249,954,866 to F on September 12, 2014. Defendant C filed a report on each right of retention with the claim for construction cost of KRW 1,573,00,000 against F on November 14, 2014 as secured claim. (2) The Plaintiff received a decision of permission for sale at auction on December 10, 2015, and completed the registration of ownership transfer on each land on January 20, 2016 as a result of sale by voluntary auction on January 13, 2016.

Defendant C, each of the Defendants’ respective land possession, respectively, shall be the Plaintiff.

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