건물명도
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 18, 2010, Defendant B entered into a lease agreement with Nonparty D on the real estate listed in the separate sheet (hereinafter “instant apartment”) with the former owner of Nonparty D, with a deposit of KRW 3550 million, and from May 7, 2010 to May 6, 2012, the lease term of which was set from May 7, 2010 to the lease term of KRW 3550 million (hereinafter “instant lease agreement”). Defendant C is the husband of Defendant B and is residing in the instant apartment as Defendant B.
B. Defendant B paid KRW 3550 million to D in accordance with the instant lease agreement. On May 7, 2010, Defendant B obtained a fixed date in the instant lease agreement and filed a move-in report on the instant apartment on the same day.
C. Around August 2009, D obtained a loan of KRW 660 million from the New Bank of Korea Co., Ltd. (hereinafter “Nonindicted Bank”). On September 3, 2009, D concluded a mortgage agreement on the apartment of this case with the Nonparty Bank. According to the said agreement, D completed the registration of establishment of a collateral of KRW 468 million with the debtor D, the mortgagee of the right to collateral security, the bank, the maximum debt amount of KRW 468 million on January 19, 2012.
(hereinafter “instant collateral security”). D.
On September 2012, the non-party bank, the mortgagee of the right to collateral security, applied for a voluntary auction on the apartment of this case on the basis of the above collateral security, and on September 26, 2012, the Seoul Eastern District Court E, which started the voluntary auction procedure (hereinafter “instant auction procedure”).
E. On January 19, 2012, the registration of ownership preservation was completed in the name of D with respect to the instant apartment. On March 18, 2014, the Plaintiff sold the instant apartment at the instant auction procedure and completed the registration of ownership transfer in the name of the Plaintiff on March 31, 2014.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 2, 3, 4, 5, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. (1) The plaintiff's assertion (A) of this case.