건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of Article 420 of the Civil Procedure Act, except that part of the judgment is dismissed as described in paragraph 2 below, and thus, it is also identical to the reasoning of the judgment of the court of first instance (determination as to the plaintiff's claim against the defendant)
2. The reasoning of the judgment of the first instance, in the part of paragraph (2) of the reasoning of the judgment, the term “Defendant G” or “Defendant G,” “Defendant C,” “B,” “Defendant D,” “E,” “Defendant E,” “F,” and “F,” respectively. The Defendants are “B, C, D, E, F, and Defendant” and “Defendant F,” respectively.
The court of first instance decided to pay each remaining amount of KRW 4 billion (Article 1) of the five pages 1 and 2 of the judgment of the court of first instance (Article 1), “The Plaintiff shall pay each remaining amount of KRW 4 billion, and the Plaintiff shall, with the permission of B and C, decide to pay the J and the Defendant (Article 1).”
Paragraph (2) of the first instance judgment
A. 2) Part 2 (Judgment of the Defendant on the Defendant’s commercial lien defense) is as follows: (A) the summary of the Defendant’s assertion (1) Defendant (A) lent KRW 2 billion to C on May 15, 2004; and (C) on April 8, 2010, when the said loan obligation was not repaid, C renounced the entirety of the rights to lease the instant building on April 8, 2010 and transferred it to J.
On June 18, 2013, the Defendant lent approximately KRW 1.6 billion to J as business funds under the joint and several guarantee of B and C. The J and B, and C transferred the above KRW 2 billion claims to J as to the Defendant and the right to lease the instant building to the Defendant. On November 30, 2016, the Defendant lent KRW 80 million to B and C on November 30, 2016.
Therefore, the Defendant, as the secured claim, has a commercial lien on the ground floor and the seventh floor of the instant building owned by C with such joint and several sureties, and thus may oppose the Plaintiff.
(B) The ground floor and the 7th floor of the instant building were leased with the consent of C, the former owner of the instant building.