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(영문) 서울중앙지방법원 2017.08.18 2016가단5220306

건물명도

Text

1. The plaintiff

A. The Defendants deliver the real estate listed in the separate sheet;

B. Defendant B shall be KRW 14,361,600 and December 2, 2016.

Reasons

1. Facts of recognition;

A. On May 26, 2008, with respect to the real estate indicated in the separate sheet (hereinafter “the instant real estate”), the establishment registration of a neighboring mortgage in the name of the bank in Korea, a stock company with the maximum debt amount of KRW 72 million, was completed on May 26, 2008, and on July 23, 2010, with the maximum debt amount of KRW 165,000,000, respectively.

B. The Plaintiff filed an application for the auction of real estate rent (hereinafter “instant auction”) with the Seoul Central District Court D based on the foregoing right to collateral security.

In the instant auction procedure, the instant real estate was sold to the Plaintiff on December 4, 2014.

According to the above sale, on December 4, 2014, the registration of ownership transfer of the instant real estate was completed in the name of the Plaintiff, and the registration of ownership establishment of each of the instant real estate was cancelled.

C. On November 20, 2012, Defendant B entered into a lease agreement between E and the former owner of the instant real estate on a deposit of KRW 35 million and the lease period from December 10, 2012 to December 9, 2014.

Defendant B shall file a move-in report with the instant real estate on December 10, 2012, and Defendant C shall file a move-in report on August 2, 2016 and thereafter possess and use the instant real estate from around each time.

E. Where no deposit exists, the rent from December 4, 2014 to December 3, 2016 of the instant real estate is KRW 14,361,60, and the monthly rent after December 4, 2016 is KRW 652,66.

[Based on the recognition] Defendant B: Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the result of the commission of the appraisal of the rent by this court, and the purport of the whole pleadings, Defendant C: the judgment of deemed confession (Article 150 of the Civil Procedure Act)

2. The Defendants are obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, barring special circumstances.

In addition, since Defendant B obtained a benefit equivalent to the rent from the possession and use of the instant real estate and suffered a loss equivalent to the same amount from the Plaintiff, Defendant B’s fee from December 4, 2014 to December 3, 2016, which the Plaintiff acquired ownership.