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(영문) 서울동부지방법원 2018.02.01 2016가합3421
토지인도 등
Text

1. To the Plaintiff (Appointed Party) and the Appointed F:

A. Defendant B shall deliver to Songpa-gu Seoul Metropolitan Government G Dae-gu 337.5 square meters, among which they shall be.

Reasons

Basic Facts

Defendant B purchased the instant land from H on May 1, 2001, and completed the registration of ownership transfer as Seoul Eastern District Court No. 42671 on May 21, 2001.

The land of this case was set up two Dongs of wooden building around 1999, and each of the above provisional buildings was used continuously after being connected to one building until March 2001.

From September 201, 2001, Defendant B purchased the above land, only the building indicated in Section 1 (hereinafter “instant building”) on the part of the land in the ship connected in the order of each point, 59.5 square meters (hereinafter “the part in the possession of this case”) among the instant land.

The right to collateral security (hereinafter “instant right to collateral security”) was established on January 26, 201 at the Songdong District Court’s receipt of the instant land on January 26, 201, which secured the obligation to the National Bank of Korea (hereinafter “the instant right to collateral security”). Based on the foregoing right to collateral security, on December 11, 2014, Seoul East Eastern District Court first rendered a decision to voluntarily commence the auction on December 11, 201, and the Plaintiff and the designated party F (hereinafter “Plaintiff”) jointly purchased the instant land on October 4, 2016 at the above auction procedure and completed the registration of ownership transfer under Article 67032 of the Songdong District Court of Songdong District on the same day.

[Grounds for recognition] Facts without dispute, Gap evidence 1 (in light of the certificate of real estate registration matters and the method of preparation, it is deemed that the public official was prepared in the course of performing his/her duties, and thus, the defendants are presumed to be genuine. The defendants have no defense that the above certificate was not actually established, but there is no evidence to acknowledge it), Gap evidence 13, Gap evidence 8 (including the serial number, if any; hereinafter the same shall apply)'s video, overall purport of pleading, defendant B, D, and Eul's claim for land transfer, removal of building, and removal claim against defendant D and E, and the plaintiff's ground for claim for removal against defendant D and E on October 4, 2016.

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