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(영문) 서울북부지방법원 2015.06.19 2014가단25266
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On February 11, 2014, the Plaintiff acquired the ownership of the instant building by winning the instant building at a voluntary auction procedure conducted by the Seoul Central District Court Crda Co., Ltd. (hereinafter “Last Capital”).

B. On September 20, 201, the Defendant entered into a contract to rent the instant building with the lease deposit of KRW 50,000,000 (20,000,000 at the time of the contract) and the remainder from September 30, 201 to 24 months from September 30, 2011 (hereinafter “instant lease contract”), and obtained a fixed date upon filing a move-in report on the instant building on October 18, 201.

C. According to the instant lease agreement, the special agreement states that “if a person is unable to move within one month from the contract date, he/she shall compensate for KRW 10,000,000, and if he/she pays any balance, the lessor shall cancel the collateral security on the register.”

On October 12, 2011, the Defendant sent the instant building delivery and the cancellation of senior collateral security in accordance with the instant lease agreement, and filed an application for the instant lease agreement with the Seoul Southern District Court for the payment order ordering the payment of KRW 50,000,000 from the said court on December 50, 201 (hereinafter “instant payment order”), and the said payment order became final and conclusive on December 27, 2011, as of October 31, 201, on the following grounds: (a) the Defendant requested the delivery of the instant building and the cancellation of senior collateral security pursuant to the instant lease agreement.

E. On February 18, 2013, upon the application of D, the mortgagee, the right to collateral security, the right to collateral security was commenced on February 18, 2013. On January 14, 2014, the right to collateral security of D, the right to collateral security, the right to collateral security, the right to collateral security, was cancelled on January 19, 2012 after the decision to permit the sale of the instant building was rendered.

D. The status of D.

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