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(영문) 서울북부지방법원 2017.08.08 2017가단102928

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) Attached 1 List 201 (Attached 2 drawings and entrance 202) shall be attached.

Reasons

1. Basic facts

A. The building No. 201 listed in the attached Table 1 list where the difference between the public book and the present situation is seeking delivery (hereinafter “this case Borrowing No. 201”) is located on the right side of the stairs, such as the drawing No. 2 in the attached Table No. 33.24 square meters in the building status of the collective building ledger, and the size is 33.24 square meters in size, and the above Borrowing No. 202 of this case (hereinafter “the Loan No. 202”) is located on the left side of the stairs, such as the drawing No. 3, and the size is 36.34 square meters.

However, the entrance signs of this case 201 and 202 are changed one another.

B. On October 21, 201, the Defendant entered into a lease agreement with C around October 21, 201, setting the lease deposit amount of KRW 55,00,000,00, and the lease term of KRW 24 months from November 14, 2011. However, the Defendant resided in the instant loan No. 201. 2) while the Defendant resided (Seoul Northern District Court D) the compulsory auction on the instant loan No. 202 was conducted (Seoul Northern District Court D). The Defendant received dividends of KRW 33,479,095 as the lessee of the instant loan No. 202 at the above auction procedure.

3) Since then, it was revealed that a compulsory auction on the instant loan 202 was conducted again (Seoul Northern District Court E), and that the entrance sign of the instant loan 201 and 202 was changed one another as a result of an execution officer’s investigation. The Defendant filed a report on the right to the remainder of lease deposit and demanded a distribution, but did not receive any dividend. F and G completed the registration of ownership transfer as to the instant loan 202 on December 30, 201, upon receiving the decision to permit the sale at the above auction procedure.

C. On June 26, 2015, the Plaintiff: (a) completed the registration of ownership transfer with respect to subparagraph 201 of the loan of this case on the ground of sale on May 19, 2015; and (b) reside in subparagraph 202 of the loan of this case; (c) however, F and G on February 9, 2017 against the Plaintiff.