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(영문) 울산지방법원 2014.07.10 2013가합8072
토지인도 등
Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the attached list (1) and the facilities listed in the attached list (2).

Reasons

1. Basic facts

A. On September 5, 2011, the Defendant entered into a contract for the instant land with Nonparty B, C, D, E, and F for the construction period from September 201 to December 2012 on the ground of the instant land (hereinafter “instant contract”) with Nonparty B, C, D, E, and F, who was the owner of the real estate listed in the separate sheet (1) (hereinafter “instant land”), and suspended construction during the construction period from September 201 to December 201.

B. Nonparty, as a mortgagee of the instant land, filed an application for voluntary auction under G, H, I, J, K, or L (combined) with respect to the instant land as a right to collateral security, and on January 8, 2013, Ulsan District Court voluntarily rendered a decision to commence the auction and completed the registration of the entry of the decision to commence the voluntary auction on the same day.

C. On August 19, 2013, the Defendant reported a lien of KRW 458,148,204 as the secured claim during the said voluntary auction procedure for the instant land. D.

On August 20, 2013, the Plaintiffs paid the price by winning the instant land at a voluntary auction procedure, and completed the registration of ownership transfer on October 28, 2013.

E. On November 4, 2013, the Plaintiffs received a disposition to change the owner of the instant land from the head of Ulsan-gu, Ulsan Metropolitan City to the Plaintiff Ri District Housing Co., Ltd., and requested the Defendant to transfer the instant land. However, the Defendant refused to do so. At present, there are: (i) the Defendant’s 6m wide, 3m high, 2.5m high, and 2.5m high, and facilities listed in the attached Table (2); and (ii) the safety board of the instant land. [Grounds for recognition] There is no dispute; (ii) each entry in Gap’s 1,2, 3, 4, and 6 copies (including the serial number); and (iii) Gap’s 5 copies (including the video number, the purport of the entire pleadings, and the purport of the entire pleadings).

2. The parties' assertion

A. The plaintiffs asserted against the defendant as the owner of the land of this case.

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