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(영문) 인천지방법원 2018.11.16 2017가합50125
제3자이의
Text

1. The defendant shall make up to the succeeding intervenor the plaintiff's successor the building indicated in paragraph 4 of the attached list with respect to the share of 1/2.

Reasons

1. Basic facts

A. The status of the party 1) Plaintiff C well-dying Co., Ltd. (hereinafter “Plaintiff D well-dying”)

(1) On January 21, 2015, the procedure for compulsory auction (hereinafter referred to as “instant auction procedure”) conducted to Incheon District Court B is deemed to be the procedure for compulsory auction.

(C) The real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant land”).

(D) the real estate listed in [Attachment List No. 2] 2086/2378 shares and the real estate listed in [Attachment List No. 2]

) Of the shares of 862.6/952 among the real estate listed in [Attachment List 1 and 3 (hereinafter “instant land”), the real estate listed in [Attachment List 1 and 2] shall be collectively referred to as “the instant land”; real estate listed in [Attachment List 1 and 3 shall be referred to as “the instant 101 building”; and real estate listed in [Attachment List 1 through 3 shall be referred to as “the instant real estate.”

(2) On April 3, 2015, Plaintiff International Asset Trust Co., Ltd. (hereinafter “Plaintiff International Asset Trust”) purchased Company on April 3, 2015

2) The Defendant, as a reconstruction association established to remove existing houses within a complex A on the ground of the instant land and construct new apartment and commercial buildings with the size of 2 underground floors and 15 floors above the ground (hereinafter “instant building”), owns 1/2 shares of each of the real estate listed in the separate sheet No. 4 (hereinafter “instant 102 building”).

B. On March 21, 2006, Roman General Construction Co., Ltd. concluded an execution construction contract with the Defendant on March 21, 2006, and continued construction of the instant building on the instant land, but failed to complete the construction within the completion deadline due to the aggravation of financial situation, etc. (2) The Defendant’s creditors filed an application for the instant auction on July 29, 2009 concerning the instant land and buildings on the instant land, and received a decision to commence compulsory auction from the above court on October 16, 2009, and decided to commence compulsory auction on November 27, 2009.

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