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(영문) 인천지방법원 2017.04.27 2016가합3269
건물등철거
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, among the buildings indicated in the attached Form No. 1447,3 square meters on land in Nam-gu, Incheon Metropolitan City.

Reasons

1. Facts of recognition;

A. (i) ownership relationship of 1447.3 square meters in Nam-gu Incheon Metropolitan City (hereinafter “instant site”) (hereinafter “instant site”) shall be awarded a successful bid on May 26, 1995 and completed the registration of ownership transfer on July 25, 1995.

on June 20, 2002 from the plaintiff and E (hereinafter "the plaintiff, etc.") borrowed KRW 2.3 billion, the registration of provisional seizure, etc. established on the site of this case shall be cancelled, the plaintiff, etc. shall set up a provisional registration of first priority collective security right, superficies, and right to claim transfer of ownership, and the name of the owner of the building under construction shall be changed to the plaintiff, etc. on the site of this case, and if the owner of the building in this case fails to comply with the provisional registration, the agreement was made to pay the principal, interest (48% per annum), damages (10% of principal amount).

(hereinafter “instant agreement”). In addition, D, July 16, 2002, issued a new certificate of personal seal impression for sale to the Plaintiff, etc. on a three-month basis, but, if not, written a statement of performance that the instant site will be transferred in the name of the Plaintiff, etc.

On July 2, 2002, in accordance with the instant agreement, the establishment registration of a mortgage consisting of the debtor D, the mortgagee, the plaintiff F, the maximum debt amount of KRW 1.65 million, the registration of the creation of a superficies consisting of the plaintiff and G, and the right to claim a transfer of ownership against the plaintiff et al. as the right holder.

In addition, on July 2, 2002, the instant site was completed registration of the establishment of a neighboring mortgage with the debtor D, mortgagee H, the maximum debt amount of KRW 450,000,000,000,000, but the auction procedure was commenced in the entire site upon H’s request for the execution of the security right.

(A) On May 21, 2015, the Plaintiff awarded the contract and paid in full the sale price. Accordingly, on May 27, 2015, the registration of the entire shares of all co-owners in the name of the Plaintiff was completed on the instant site.

B. (i) the ownership of the building listed in the separate sheet D is the site of this case as seen earlier.

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