건물명도
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The Plaintiff, on January 5, 2015, acquired the ownership of a building listed in the separate sheet (hereinafter “instant apartment”) through a public auction on the ground of the cause of the claim. The Defendant’s possession of the instant apartment can be recognized by taking into account the following: (a) there is no dispute between the parties; or (b) evidence Nos. 1 and 1 and 2, as a whole, of the pleadings.
Therefore, the defendant is obliged to deliver the apartment of this case to the plaintiff, unless there are special circumstances.
2. The defendant's defense is a tenant who has acquired opposing power over the apartment of this case, and thus, the plaintiff cannot respond to the plaintiff's claim.
However, the defendant's defense is not accepted for the following reasons.
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 written evidence, the Defendant’s transfer of his/her resident registration to the instant apartment on April 18, 2014 may be recognized, respectively, as follows: “The lease agreement entered into between the former owner C on March 15, 2014, stating that “the instant apartment is leased by setting the lease deposit amount of KRW 250 million from the former owner C, and from April 10, 2014 to April 9, 2016” was concluded around March 15, 2014.
However, it is insufficient to recognize the fact that the defendant actually leased the apartment of this case from C around March 15, 2014 only with the above facts and the statement of No. 3 evidence, and there is no other evidence to acknowledge it.
(b) Even if the lease of a house has not been registered, when the lessee completes the delivery of the house and resident registration, the lease of the house shall take effect against the third party from the following day, and in such cases, the transferee of the leased house shall be deemed to have succeeded to the status
However, even if it is a housing lessee who has such requisite for setting up against him, it cannot be set up against the secured party who has acquired the security right prior thereto.
In addition, the target real estate has been put up for auction due to the execution of subordinated mortgage.