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(영문) 수원지방법원 2018.09.05 2015가단124039

건물명도

Text

1. Defendant B:

(a) Attached 2 drawings among the real estate listed in the list Nos. 1 and 2 shall be indicated, 1, 2, 3, 4.

Reasons

1. Basic facts

A. D’s acquisition, etc. of each of the instant shopping districts by the Plaintiff’s father: (a) on September 30, 2003, each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant shopping districts”) owned by Defendant B (hereinafter “each of the instant shopping districts”); (b) the real estate listed in the sequence No. 1 in the sequence No. 531 is specified as “No. 5 and No. 2 as “No. 5”

(2) On August 30, 2002, the time when Defendant B acquired the ownership of each of the instant commercial buildings, the registration of the establishment of a neighboring mortgage was completed on August 30, 2002 with respect to each of the instant commercial buildings, and the registration of the establishment of a neighboring mortgage was completed on April 8, 2005, after D purchased each of the instant commercial buildings on April 7, 2005.

B. 1) On April 11, 2007, D and Defendant B sold each of the instant shopping districts to Defendant B for KRW 435 million (Evidence A2; hereinafter “instant sales contract”).

(A) In entering into a contract, KRW 420 million out of the purchase price of KRW 435 million is KRW 360 million from the G loans of KRW 420 million (the above KRW 360 million from the G loans of KRW D).

-2) As a collateral obligation of the right to collateral security (hereinafter referred to as the "mortgage obligation of this case") and the obligation of returning the lease deposit and the obligation of returning the lease deposit are agreed to succeed to the amount of KRW 60 million in lieu of payment.

2) After the conclusion of the instant sales contract, Defendant B paid the remainder of KRW 15 million to D, and D transferred each of the instant commercial buildings around April 12, 2007. C. Defendant B’s failure to succeed to the obligation of the instant loans immediately after the conclusion of the instant sales contract.

Accordingly, D and Defendant B shall use and benefit from each of the instant commercial buildings by leasing them to others.