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(영문) 서울중앙지방법원 2016.02.01 2014가단5353639

건물명도

Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) KRW 71,700,506 and its interest. < Amended by Presidential Decree No. 27560, Dec. 2, 201

Reasons

1. Basic facts

A. On August 5, 2013, the Defendant entered into a lease agreement with C, the owner of the second underground floor of the same building as the building listed in the separate sheet (hereinafter “instant building”), setting the lease deposit amount of KRW 100 million, monthly rent of KRW 8 million, and the lease term from August 20, 2013 to August 19, 2018.

(hereinafter “instant lease agreement”). B.

On June 9, 2010, the registration of the establishment of a neighboring mortgage in the name of a national bank, a corporation with C the maximum debt amount of KRW 1.56 million, and the maximum debt amount of KRW 390 million, was completed on July 7, 201, the registration of the establishment of a neighboring mortgage in the name of the flussium, the amount of KRW 240,000,000,000, out of the maximum debt amount of KRW 130,000,000,000,000 won was completed on November 9, 2012.

C. On October 25, 2013, the National Bank Co., Ltd. applied for a voluntary auction of real estate on the instant building based on the foregoing collateral security and received a voluntary decision to commence auction as Seoul Central District Court E on October 28, 2013. On October 28, 2013, the registration of the voluntary decision to commence auction was completed.

(hereinafter “instant auction procedure”). D.

In the instant auction procedure, the Plaintiff received a decision to permit the sale as the highest bidder, and paid in full the sales price on November 28, 2014.

E. The Defendant, upon delivery of the instant building in accordance with the instant lease agreement, has occupied and used the instant building until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Plaintiff, who is the owner of the instant real estate, exercises the right to claim the removal of disturbance based on ownership, and the Defendant acquired possession and use the instant building from November 28, 2014 to the completion date of delivery of the instant building.