건물명도
1. The defendant is paid KRW 285,000,000 from the plaintiffs, and at the same time, the buildings listed in the separate sheet to the plaintiffs.
1. On July 13, 2012, the Defendant entered into a contract to lease the instant building (hereinafter “the instant first lease contract”) with G that was the owner at the time of the instant building by setting the lease deposit of KRW 285 million and the term from August 31, 2012 to August 30, 2014 (hereinafter “the instant first lease contract”), and later remitted the down payment of KRW 25 million on July 18, 2012 to H that was the son’s agent, and paid the remainder of KRW 260 million on August 31, 2012 as a check.
After that, G donated the instant building to H on September 28, 2012 and completed the registration of ownership transfer in H on the same day.
On December 11, 2012, Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as "Seoul Guarantee Insurance Co., Ltd.") completed the provisional disposition registration on the same day with the right to claim the cancellation of ownership transfer registration on the ground of the revocation of fraudulent act as the preserved right.
Accordingly, on December 18, 2012, the Defendant prepared a lease contract under which the instant building is leased (hereinafter “instant secondary lease contract”) under the same conditions as the instant primary lease contract with H, and filed a move-in report on December 24, 2012, and obtained the fixed date on the same day lease contract.
After all, the above lease contract was implicitly renewed at the end of August 2014.
Meanwhile, as of September 15, 201, the building of this case was established with the maximum debt amount of KRW 120 million, the mortgagee of the right to collateral security (hereinafter “CF”), the National Agricultural Cooperative Federation (hereinafter “CF”), and the establishment registration of a creation of a creation of a creation of a mortgage near the highest priority order in which the debtor is G. However, on June 7, 2013, the decision on voluntary decision to commence the auction (Seoul Western District Court I) was rendered.
Accordingly, on February 28, 2014, the Defendant repaid KRW 115,620,313 on the part of the NA in subrogation of G, and accordingly, the registration of establishment of the establishment of the above neighboring areas was cancelled and the decision of voluntary decision to commence the auction was also rendered.