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1. The defendant remove the building indicated in the attached list on the ground B of Gangseo-gun, Hongcheon-gun, and deliver the above site to the plaintiff.
Reasons
1. Facts of recognition;
A. In early 2003, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to the purchase of KRW 550,00,000 for the Gangwon-gun B farm site owned by C in the name of his spouse D and joint with his spouse, namely, KRW 30,843 square meters, KRW 5,950 square meters for E farm site, and KRW 6,149 square meters for F farm site (each of the above real estates was combined with KRW 4292 square meters for Gangseo-gun, Hongcheon-gun B farm site on July 21, 2004; hereinafter the above combined land was referred to as “instant land”).
B. Under the instant sales contract, the Defendant completed the registration of ownership transfer on April 7, 2003 with respect to the instant land on March 21, 2003.
C. In addition, according to the instant sales contract, the Defendant completed the Defendant’s G ownership transfer registration on May 23, 2003 with respect to a building of 1st floor cement block structure, detached house structure, 85 square meters and 72.5 square meters of animal and plant-related facilities newly built by C on the F ground before the merger on December 31, 1991.
On March 21, 2006, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) consisting of the debtor, the mortgagee, the Korea Exchange Bank, the Korea Exchange Bank (hereinafter “Foreign Exchange Bank”), the maximum debt amount of KRW 2,795,00,000,000.
E. On March 9, 2010, the Defendant obtained approval of the tourist farm development project plan from Hongcheon-gun, and newly constructed each building listed in the separate sheet Nos. 2 through 9 on the ground of the instant land (hereinafter “instant building”).
F. On November 22, 2011, foreign exchange banks applied for commencement of real estate auction based on the instant collateral security, and completed the registration of ownership transfer on the ground of sale due to the said voluntary auction on December 13, 2013.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul 6, 8, and .