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(영문) 대전지방법원 천안지원 2017.01.25 2016가단11116
점유권존재
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant purchased each real estate listed in the separate sheet No. 1 in the procedure of the auction of the D's real estate auction (hereinafter "auction of this case") in Daejeon District Court, Daejeon District Court, and paid the sale price on April 12, 2016.

B. Of the attached list 1, the buildings listed in Paragraph 4 are registered in the ordinary building ledger, and they correspond to the buildings listed in the attached Form 2, which are marked in the attached Form 2 (hereinafter “each real estate of this case”).

C. Of the attached Form 2, the buildings [not less than seven buildings indicated in (a) through (vii) 7; hereinafter “each building of this case”) are unregistered, unregistered real estate, not included in the subject of the auction sale of this case.

On April 12, 2016, the Defendant applied to the executing court for an order to deliver real estate in relation to the “building C” (hereinafter referred to as the “instant store”) of the attached drawings among the buildings other than the present one in this case, among the buildings not presented in this case, (1), (2), (3), (5), (6), (7), (8), (9), (1) part of the ship connected each point in sequence, which is about 172.75 square meters (hereinafter referred to as “the instant accommodation”) among the real estate in this case, and (1) the attached drawings among the real estate in this case, and (2), (2), (3), (4), (6), (7), (8), (9), (7), (1) part of the board connected each point in sequence.

Daejeon District Court E. E.

On May 30, 2016, the court of execution decided on May 30, 2016 that “the plaintiff delivered the instant accommodation and the instant store to the defendant,” which became final and conclusive around that time.

(f) The extradition order of this case was completed on June 29, 2016.

(g) On June 29, 2016, the Plaintiff prepared and delivered to the Defendant a memorandum stating that “All rights to the portion of the building on the ground specified in attached Table 1 attached hereto, give up all rights to the fixtures, and receive KRW 3,00,000 at the expense of lighting.”

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