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(영문) 서울고등법원 2017.04.14 2016나2012401
건물인도
Text

1. Of the judgment of the court of first instance, the part concerning Defendants, the designated parties G Co., Ltd. and the part concerning the designated parties H are as follows.

Reasons

1. Facts of recognition;

A. The ownership relationship of the instant building, etc. 1) K is the building listed in attached Table 1 List 1(1) (hereinafter “instant building”).

(ACri-si Y-si Y 327 square meters (hereinafter referred to as “ACri-si”) as the site, shall be indicated only once as the “ACri-ri”.

(2) On November 15, 2002, M Co., Ltd. (hereinafter “M”) completed the registration of ownership transfer as to the instant building on February 13, 2003, and completed the registration of ownership transfer as to the Z, which is the site of the instant building and the building listed in Appendix 1 List 1 List 2 (hereinafter “instant factory”). The Z was registered as N on November 30, 2004.

M has completed the registration of ownership transfer on February 13, 2003 with respect to AA and AB, the site of the instant factory, and completed the registration of ownership preservation on November 11, 2004 with respect to the instant factory.

B. On December 18, 2002, on the auction procedure regarding the building, etc. of this case, the Korea Development Bank as a mortgagee on December 18, 2002, established the right to collateral security under the ex-factory Mortgage Act of Japan with the maximum debt amount of 320 million won, which was the site of the factory of this case. AA, which was the site of the factory of this case, was added to the joint collateral security of each of the above joint collateral security on February 18, 2003, and on December 13, 2004, the factory of this case was added to the joint collateral security of the N and the attached list No. 4 (hereinafter “the machinery and equipment of this case”) as the site of the building of this case and the factory of this case, and on March 11, 2008, the registration of the decision to commence compulsory auction on June 19, 2008 was completed according to the order to forced commencement of compulsory auction on June 2, 2008.

3. The registration of the entry of the decision to commence compulsory auction was completed, and the same month according to the decision to commence voluntary auction at the same court on November 4, 2008.

5. Voluntary registration of the decision on commencing auction was completed; and

On November 4, 2008, with respect to Y, which is the site of the instant building, the same month according to the decision to voluntarily commence the auction at the same court.

5. Entry and registration of the decision on commencing auction.

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