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(영문) 광주지방법원 2014.09.30 2014가단17676
건물명도 등
Text

1. Defendant (Counterclaim Plaintiff) B shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet, and KRW 219,99.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On December 20, 199, Defendant B entered into a lease agreement and renewed the lease agreement, and Defendant B entered into a lease agreement and entered into a lease agreement with D, and around December 20, 199, 101, 303, 101, 303 (hereinafter “instant building”).

2) The term “lease Contract” refers to the lease of KRW 23 million and the term of lease from December 20, 199 to December 12, 199 (hereinafter “instant lease contract”).

(2) On March 31, 2001, Defendant B had extended the term of the instant lease agreement on the instant building between D and D on December 29, 1999, and renewed the lease deposit by March 31, 2002, and obtained a fixed date date on April 2, 2001.

3) On August 22, 2003, Defendant B prepared a lease agreement with D on the condition that the term of the instant lease agreement on the instant building was extended to the end of August 22, 2005, and the deposit was increased to KRW 5 million, which was KRW 31 million. However, on such lease agreement, Defendant B obtained a fixed date on March 15, 2010. (B) On March 31, 2004, the Seoyang Saemaeul Saemaul Savings Depository completed the registration of the establishment of a mortgage on the instant building on March 31, 2004, with the maximum amount of claims KRW 286 million due to the same day, and the debtor limited liability company’s establishment of a mortgage on the instant building.

2) On July 29, 2008, Jeonbuk Mutual Savings Bank Co., Ltd. completed the registration of the establishment of a mortgage on the instant building on the same day as the maximum debt amount of KRW 559 million and the debtor G. C. H completed the registration of the transfer of ownership on July 29, 2008 as to the instant building on the ground of sale and purchase on July 28, 2008.

2) Defendant B applied for a compulsory auction on the instant building to this court I for a compulsory auction on April 17, 2013, and received a decision to commence a compulsory auction on April 17, 2013. 3) The Plaintiff is a building of this case in the said compulsory auction procedure.

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