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(영문) 인천지방법원 2015.08.11 2015나52312

건물명도

Text

1. Revocation of a judgment of the first instance;

2. Of the buildings listed in the separate sheet No. 1 list, the Defendant indicated in the annexed sheet No. 3, 4, 17.

Reasons

1. Determination as to the cause of claim

A. (1) On August 25, 2011, C completed the registration of ownership transfer with respect to a building listed in the separate sheet No. 1 (hereinafter “instant building”), and on the same day, C completed the registration of ownership transfer with respect to the relevant building, and completed the registration of establishment of a neighboring mortgage of KRW 288,00,000,000,000,000 to the

(2) On January 6, 2014, the Defendant entered into a lease agreement with C and attached Form 2 with regard to lease deposit amounting to KRW 22.5 square meters (hereinafter “the instant part”) with respect to the damage on board, which caused the damage on board, connected each point in sequence with C and attached Map 3, 4, 17, 15, and 3 (hereinafter “instant part”), by setting the lease term from January 6, 2014 to January 5, 2016.

On February 28, 2014, the Defendant concluded a lease contract with C, setting the lease deposit amount of KRW 22 million, the lease term from March 1, 2014 to March 1, 2016.

The defendant has occupied the part of this case until now.

(3) On November 13, 2012, the Incheon District Court rendered a decision to commence compulsory sale of the instant building, and the Plaintiff acquired the ownership of the instant building by obtaining a successful bid of the instant building on February 28, 2014 and paying the sales price in full during the said auction procedure.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 4 evidence (including numbers, hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant who occupies the part of this case, barring special circumstances, has the duty to deliver the part of this case to the plaintiff, who is the owner of the building of this case.

2. Judgment on the defendant's assertion

A. The Plaintiff and C, who are the successful bidder of the Defendant, agreed on the renewal of the lease on the instant part for the Defendant, a third party, and the Defendant expressed in the instant reply the intent to receive the benefit of the said contract.

Therefore, the plaintiff is obligated to conclude the existing lease contract with the defendant, so the defendant is against the plaintiff.