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(영문) 인천지방법원 2015.06.09 2014나8462
건물명도이행
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) C shall be revoked.

2. The plaintiff (Counterclaim defendant, the designated party).

Reasons

1. Basic facts

A. On April 5, 2012, the Plaintiff purchased each real estate indicated in the indication of attached real estate from Nonparty L, and completed the registration of ownership transfer in the name of the Plaintiff on April 6, 2012.

B. On May 2, 2012, Defendant C completed the registration of housing lease in its name with respect to the real estate indicated in paragraph (1) of the indication of attached real estate (hereinafter “instant lending”) and Defendant D and B possessed each of them in the first instance trial.

C. Defendant I and the Appointed J occupy the real estate stipulated in paragraph 2 of the same Article (hereinafter “instant loan No. 304”).

On the other hand, after the completion of registration of ownership preservation in the name of P due to the entrustment of registration of provisional disposition on May 19, 2004, registration of ownership transfer in Q's name due to sale on August 17, 2009, and registration of ownership transfer in L's name due to sale on October 11, 201, was completed in order.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 16 (including each number), the purport of the whole pleadings

2. We examine the legal nature of the plaintiff's claim for cancellation of the registration of the right to lease a house against the defendant C, ex officio determination of whether the principal lawsuit is legitimate.

The registration of the right to lease of a house is executed by the court when the court determines the right to lease on the basis of an application for the right to lease of a lessee who has not been returned the deposit after the termination of the lease contract (Article 3-3 of the Housing Lease Protection Act). If the registration on the right to lease of a house is completed on the date of the court's order to lease of a house, as in the case of a provisional seizure, the lessor files an application for objection or cancellation on the decision of the right to lease of a house to cancel the registration, and then submit the original copy of the judgment to

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