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(영문) 서울중앙지방법원 2016.01.08 2015나23603

건물명도 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. (1) On March 30, 2009, the lease of this case, etc. (1) the building on the ground of Jongno-gu Seoul Metropolitan Government D (hereinafter “the instant building”) and the Nogreging Co., Ltd., the owner of the site (hereinafter “Beging”) completed the registration of ownership transfer based on the trust to the International Trust Co., Ltd. (hereinafter “International Trust”).

(2) On March 2, 2011, the Defendants are the 7th or lower floor of the pertinent building from the light around March 2, 2011.

“) The lease deposit was leased KRW 100,000,000 for monthly rent of KRW 10,000 (including value-added tax and electricity and water supply management expenses, including value-added tax, and electricity and water supply management expenses, and the lease term was set on April 15, 201 to April 15, 2014.

hereinafter referred to as "the lease of this case"

B) B. The public auction of international trust and the Plaintiff’s acquisition of the Plaintiff’s ownership (1) were operated at the said store. The Defendants conducted the public auction of the instant building on the grounds of the three-dimensional debts, etc., and E was awarded a successful bid for the instant building and its site in the public auction conducted by international trust on July 1, 2011. (2E transferred the status of the successful bidder to the Plaintiff on January 27, 2012, to KRW 22,910,000,000, the lease deposit repayment obligation against the lessee of the instant building was succeeded to the Plaintiff.

"Agreement on Transfer" is referred to as "Agreement on Transfer of this case".

(3) (3) On February 1, 2012, the Plaintiff entered into an international trust with an international trust and a real estate sales contract for the instant building and site, and completed the registration of ownership transfer under the name of the Plaintiff on the said building and site on March 15, 2012, and the Defendants handed over the instant store to the Plaintiff on July 6, 2012. [Grounds for recognition] fact that there is no dispute, evidence Nos. 1 through 3, and evidence Nos. 5 through 6 (each of the items included in the number, the purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination on the main claim

A. The Plaintiff’s assertion by the parties denies the succession of the instant lease, and on the following grounds, paid KRW 38,322,581 to the Defendants.