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(영문) 창원지방법원마산지원 2014.08.22 2014가단4982
건물명도
Text

1. The defendant shall order the plaintiff to order the building stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On February 23, 2009, the establishment registration was completed on the building indicated in the attached Table list (hereinafter “each building of this case”) and its site (hereinafter “each building of this case and its site”) and on the 259 square meters of forest land C, Gyeongnam-gun, Changwon District Court, Changwon District Court No. 4102 on February 23, 2009, with regard to the debtor D, mortgagee, livestock cooperative, maximum debt amount of KRW 250,000,000.

B. On June 11, 2013, the Haban Livestock Cooperatives received a voluntary decision to commence the auction on the instant real estate from the Changwon District Court Msan Branch E. In the said voluntary auction procedure, the Plaintiff acquired the ownership by completely paying the sales price of each of the instant real estate on February 27, 2014 and March 6, 2014, upon receiving the decision to permit each sale on February 3, 2014 and March 25, 2014.

C. Each of the buildings of this case was originally completed by F on October 5, 1995 and April 11, 1997, respectively, but the registration of ownership transfer was completed on July 19, 2006 to G Dora-man on the same day.

The defendant, who is G's money in the voluntary auction procedure of each building of this case, alleged that he was 20 million won of lease deposit and has resided in from July 1, 2006 to now, and the date of moving into the resident registration was reported on December 19, 1980, but no lease contract, etc. related thereto exists.

E. On December 19, 1980, the Defendant moved into H of the Haan-gun, Chungcheongnamnam-gun on June 28, 2010, but changed the domicile to I for the reason of the actual lot number correction. On October 31, 2011, the Defendant changed to J of the Haan-gun, Haan-gun, the road name address of the above domicile, and on January 4, 2012, changed to K for the reason of the actual lot number correction, which is the location of each building of this case, on the ground of the actual lot number correction, the actual lot number correction is by the F for the householder of the above domicile.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (including branch numbers, if any; hereinafter the same shall apply) and Eul 1.

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