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(영문) 청주지방법원제천지원 2016.06.16 2015가단1693
손해배상(기)
Text

1. The Defendant’s KRW 12,590,000 for the Plaintiff and the following: 5% per annum from May 20, 2015 to June 16, 2016.

Reasons

1. Basic facts

A. From March 2008, the Defendant: (a) around 10,000 square meters from C to KRW 853 square meters (hereinafter “instant land”); (b) and (c) part 5 and six of the 10th floor neighborhood living facilities (hereinafter “the instant building”) of the 10th floor size of the instant building (hereinafter “instant building”) (the instant building was changed to an aggregate building on March 13, 2015; and (d) the 5 and six floors of the instant building were each partitioned buildings as indicated in the separate sheet; and (e) regardless of whether before and after the alteration to an aggregate building, the instant building was leased KRW 10,00,000 and KRW 4,00,000 from the rent month; and (e) around that time, the Defendant has been transferred part of the 5 and six floors of the said building and operated the hospital as “Ewon.”

A. On February 14, 2012, a Co., Ltd. completed the registration of ownership transfer with respect to the instant land and building, and on the same day, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) completed the registration of ownership transfer with respect to the instant land and building at KRW 3,960,000,000. On the same day, the portion of the 5 and 6th floor of the instant building was determined as KRW 40,000,000 and leased to the Defendant.

C. On April 30, 2013, the Cheongju District Court of the Bank, which is the right to collateral security regarding the instant land and building, issued a decision to commence voluntary auction on the said land and building on April 30, 2013.

The Plaintiff purchased the instant land and buildings in the said voluntary auction procedure, and completed the registration of ownership transfer on December 26, 2014. D.

The Plaintiff filed an application against the Defendant, etc. for an order to deliver real estate regarding the instant building for voluntary auction to the Cheongju District Court Jeju Branch G, and the said court decided on February 4, 2015 to the effect that “the Defendant, etc.,” “to deliver the instant building to the Plaintiff.”

The defendant appealed with the Cheongju District Court 2015Ra85 against the above extradition order and issued the above extradition order with the same court 2015Kag188.

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