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(영문) 창원지방법원마산지원 2017.05.24 2016가단7909

건물인도

Text

1. Defendant A pays KRW 18,062,732 to the Plaintiff.

2. The plaintiff's remaining claims against the defendant A and defendant B.

Reasons

1. Facts of recognition;

A. On April 8, 2008, Defendant B completed the registration of ownership transfer with respect to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”). As to each of the instant real estates, Defendant B completed the registration of creation of a new mortgage on November 12, 2013 in the name of the ASEAN Savings Bank Co., Ltd. (hereinafter “Non-Party Bank”). The registration of creation of a new mortgage over each of the instant real estates amounting to KRW 1.56 billion on November 12, 2013, and KRW 65 million on July 21, 2014.

B. On December 29, 2014, upon the application of the non-party bank, who is the right to collateral security, the court below rendered a voluntary decision to commence the auction of each of the instant real estate to the Changwon District Court Msan Branch C, and on the same day, the registration of the entry of the decision to commence the auction was completed.

C. On July 13, 2016, the Plaintiff sold each of the instant real estate at the above auction procedure, and paid the price, and completed the registration of ownership transfer for each of the instant real estate on the same day.

On September 12, 2014, among the buildings listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”), Defendant B leased to Defendant A the remainder (hereinafter “the part of the instant building”) excluding the second floor of Class II neighborhood living facilities 81.85 square meters (hereinafter “the part of the instant building”) on the second floor of the second floor (hereinafter “the part of the instant building”) with the lease deposit of KRW 10 million,000,000 from September 12, 2014 to December 12, 2014; and again, on September 17, 2014, Defendant A leased the entire part of the instant building as the lease deposit of KRW 15 million from September 17, 2014, and from September 17, 2014 to September 12, 2014, Defendant A occupied and used the entire real estate of this case from September 17, 2014 to December 18, 2016.

E. Where no security deposit exists for each of the instant real estate, the total rent from July 13, 2016 to December 31, 2016 is a total of 19,539,559 won (1,385,945,480 won x 3% x 172 days/366 days x less than won; hereinafter the same shall apply) and the total rent from July 13, 2016 to December 18, 2016 is a total of 18,062,732 won (1,385,945,480 won x 3% x 172/366 days).

(b) the basis for recognition;