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(영문) 수원지방법원 2017.09.06 2017가단507737
건물명도(인도)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 18, 2010, an apartment building listed in the attached list (hereinafter “the apartment of this case”) was registered for the preservation of ownership under the name of C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On September 7, 2010, the registration for the transfer of ownership was made under the name of D Co., Ltd. (hereinafter “D”) on the ground of the trust on September 31, 2010, and thereafter the ownership was transferred to the Nonindicted Co., Ltd. on December 10, 2010 on the ground of the reversion of the trust property as of November 26, 2010. On the same day, the registration for the transfer of ownership was made in the name of Nonparty Co., Ltd. on the ground of the sale as of June 5, 2008.

B. On June 5, 2008, E purchased the instant apartment on the following grounds: (a) on December 10, 2010, when completing the registration of ownership transfer for the instant apartment on the ground of a contract signed by November 26, 2010, D was registered as a mortgagee, a maximum debt amount of KRW 380,400,000, and a debtor E’s establishment registration for the establishment of a mortgage.

C. D had received a voluntary decision on the commencement of auction on the instant apartment on December 5, 2015, and the Plaintiff purchased the instant apartment on November 4, 2016 and completed the registration of ownership transfer on the same day.

However, on August 31, 2010, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant apartment between E and E, with a lease deposit of KRW 120 million, and from November 26, 2010, with a lease deposit of KRW 20 million from November 26, 2010, and paid all the lease deposit for the instant apartment, and possessed the instant apartment by being handed over on and around November 26, 2010, and thereafter the instant lease contract was explicitly renewed, and the Defendant filed a move-in report on the instant apartment on December 8, 2010, and obtained the fixed date of the lease contract in the instant case on the same day.

[Ground of recognition] Facts without dispute, Gap 1-3, Eul 1 and two (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, this case is examined.

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