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(영문) 의정부지방법원 2017.11.16 2017가단104644
건물등철거
Text

1. The plaintiff

A. Defendant B shall remove the buildings listed in Section 2 of [Attachment 1] list and set out in Section 1 of the same list.

Reasons

1. Determination as to the cause of claim

A. 1) The facts of recognition are as follows: (a) the right to collateral security (hereinafter “instant right to collateral security”) against the maximum debt amount of KRW 455,000,000 on June 26, 2007; (b) the debtor I and the National Federation of Fisheries Cooperatives, which was owned by E, Nam-si, Nam-si, the 534 square meters and G and H prior to the F.

The registration of creation was completed, and the registration of creation of superficies was completed for the purpose of owning buildings, other structures, or trees, which were 30 years from June 26, 2007 with the duration of the same day. (2) Defendant B completed the registration of creation of collateral security by reason of sale as of February 27, 2008, with respect to buildings, other structures, or trees, which were 534 square meters and G, which were 30 years from June 26, 2007 with the intent of owning trees. (3) Defendant B completed the registration of establishment of collateral security by reason of sale as of February 27, 2008, and completed the registration of alteration of collateral security by changing the debtor of the instant right to collateral security as of April 1, 2008.

3) The National Federation of Fisheries Cooperatives established an application for voluntary auction procedure with the instant collateral security (JJ) and the said court decided to commence voluntary auction procedure on November 8, 2012 (the procedure commenced according to the aforementioned decision).

(4) On November 15, 2013, the Plaintiff purchased 534 square meters and G with respect to the instant real estate from Namyang-si, Namyang-si, and completed the registration of ownership transfer on December 23, 2013 with respect to each of the instant real estate on December 23, 2013. On August 29, 2014, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction on December 23, 2013. On August 29, 2014, the Plaintiff completed the registration of ownership transfer to K with respect to 5/10 of each of the instant real estate, and completed the registration of ownership transfer to L with respect to 4/10 of each of the said real estate on the ground of donation from

5) Meanwhile, around May 2009, Defendant B is 534 square meters (hereinafter “instant land”) prior to the date of Namyang-si, Namyang-si (hereinafter “instant land”).

2) On the ground, the building listed in [Attachment 1] List 2 (hereinafter “instant building”).

B New Construction, and Defendant C occupies the instant building with the claim for the construction cost of the instant building as the secured claim, and exercises the right of retention, and Defendant D has the authority to exercise the said right of retention from Defendant C.

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