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(영문) 서울서부지방법원 2016.11.03 2014가합39565

건물명도

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts under the basis of facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence No. 4, and Eul evidence No. 1.

On November 16, 2012, the Plaintiff purchased Yongsan-gu Seoul Metropolitan Government D Building (hereinafter “D Building”) 201 and 202, and completed the registration of ownership transfer under the name of the Plaintiff on December 12, 2012.

B. The Plaintiff leased Nos. 201, 202 to the Defendants as listed below. At the time of the lease agreement, the Plaintiff concluded a sales contract for the said Nos. 201 and 202, and notified the Defendants thereof, and agreed that if the Defendants withdraw within one month from the date of notification, the Plaintiff shall pay an additional amount of KRW 3 million in addition to the above security deposit.

(2) Defendant B, 1202, Defendant C, 200,000 from the date of the contract on February 6, 2013, 1 year and 40,000 from the date of the contract on February 8, 2013, 1 year and 40,000,000 from the date of the contract on February 8, 2013

C. 1) With respect to Nos. 201 and 202 of the D Building 201 and 202, a voluntary auction procedure (Seoul Western District Court E; hereinafter “instant voluntary auction procedure”) shall be conducted upon application by the creditor Gold Saemaul Community Depository.

(2) On January 21, 2015, Nonparty F purchased the above 201, and Nonparty G purchased the above 202 on April 23, 2015 and acquired each ownership. 2) The Defendant C handed over the D building 201 to F on March 20, 2015, and Defendant B handed over the D building 202 to G on June 30, 2015.

2. The assertion and judgment

A. The plaintiff's assertion is that the plaintiff suffered financial difficulties in the process of completing the construction of the D building and the defendants wishing to use the D building 201 and 202 for a period of one year.