손해배상(기) 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On April 1, 2016, the Plaintiff entered into a lease agreement to lease a D hotel located in the 4 to 8th floor of the building (hereinafter “instant hotel”) among the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C, and operated the instant hotel from around that time.
B. As of April 7, 2017 between the Plaintiff and E, a sub-lease contract was prepared between the Plaintiff and E to sublease the instant hotel to E, and the said sub-lease deposit and the column was indicated as “no”.
C. Defendant B received the decision to permit sale on June 5, 2017 and paid in full the sales price in the Busan District Court F Real Estate Compulsory Auction and G Real Estate Auction (combined) with respect to the instant real estate.
Defendant B completed the registration of ownership transfer based on the above auction on July 27, 2017.
Defendant B filed an application against the Plaintiff for an order to deliver real estate with the Busan District Court H on September 1, 2017 on the ground that the Plaintiff occupied the instant hotel without a legitimate title. On November 17, 2017, upon receipt of an order to deliver real estate, Defendant B completed the execution of delivery to Busan District Court I (hereinafter “instant execution”).
E. Defendant B filed an application against the Plaintiff for the determination of the enforcement cost of the instant case with the Busan District Court J, and the said court rendered a decision on April 18, 2018 that the enforcement cost to be paid by the Plaintiff to Defendant B is KRW 23,229,706.
Accordingly, the appeal filed by the Plaintiff with Busan District Court 2018Ra2137 was dismissed on August 13, 2018, which became final and conclusive as the appeal was dismissed.
[Basis] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2-1, Gap evidence No. 4, 5, 6, 11 and 14, Eul evidence No. 5, and the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff leased and used the instant hotel from C on April 1, 2016.
Around June 2016, E shall be changed to E.