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(영문) 서울중앙지방법원 2016.03.25 2014가단39365

건물명도 등

Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The Plaintiff:

A. Defendant B is listed in Section 1 of the Attached List.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate list of the separate lease agreements concluded between the Plaintiff and Defendant B, C, and D (hereinafter “each of the instant real estate”) is part of the Hae-Ba 19 households, an apartment of the size of five stories above the Seoul F and G ground.

Defendant B entered into a lease agreement between the Plaintiff on August 4, 2004 with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “No. 203”) on the attached Table No. 20 million won, monthly rent of KRW 300,000 (in addition, from September 2006 to KRW 350,00), monthly management expenses, and the period from September 4, 2004 to December. The lease agreement was concluded between the Plaintiff and the Plaintiff, and thereafter, occupied the real estate No. 203 at that time.

Defendant C entered into a lease agreement with the Plaintiff on October 30, 2005 on the lease of the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “No. 203”) as the deposit amount of KRW 10 million, monthly rent of KRW 400,000, and the period from October 30, 2005 to 24 months, and thereafter occupy until now after delivery of No. 303.

On August 3, 2004, Defendant D entered into a lease agreement with the Plaintiff on the lease of KRW 20 million, KRW 300,000 per month, KRW 300,000 per month, management expenses, and KRW 30,000 per month from February 3, 2005 with respect to the real estate listed in paragraph (3) of [Attachment List No. 502] (hereinafter “No. 502”), and possessed until now after delivery of KRW 502.

B. On February 10, 2004, the provisional disposition registration was completed for the prohibition of disposal on the part of the creditor with respect to each real estate of this case, along with the registration of ownership preservation in the name of I on February 10, 204 as to each real estate of this case.

Then, on June 3, 2004, the registration of transfer of ownership was completed under the name of the plaintiff and J on March 4, 2004 as co-owners of one half shares.

After that, the Simam Saemaul Bank shall file a lawsuit against I to seek the implementation of the ownership transfer registration procedure due to the payment in lieu of each of the real estate in this case.