logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.07.08 2019나322239
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this

Therefore, the reasoning of the judgment of this court is as follows, except for the part added as follows, and is identical to the reasoning of the part against the defendant in the judgment of the court of first instance.

2. The addition;

A. The defendant's assertion ① The defendant tried to acquire apartment units through an auction of real estate from G, who was asked to lend the name of G, and considered that G's location was close to that of G, thereby acquiring the building F of Nam-gu E-gu (hereinafter "F apartment unit") in the auction procedure at port.

The defendant did not own the apartment house in Fho Lake, but was merely a title trustee, and the plaintiff disposed of before the termination of the lease contract in this case.

Therefore, the Defendant’s ownership of Fho Lake apartment constitutes “the possession of another house due to any other inevitable reason” as provided by the proviso of Article 10(1)6 of the General Conditions of the instant lease agreement.

② The Defendant already disposed of the F apartment house before the Plaintiff terminated the instant lease agreement, and thus, the Plaintiff’s termination right was extinguished according to the Defendant’s disposal of the apartment house.

B. First of all, we examine the Defendant’s above argument.

Where a person who intends to purchase real estate in the real estate auction procedure has agreed with another person to obtain a decision of permission for sale in his/her own name and to obtain a decision of permission for sale under another person's name, the person who is subject to the status of purchaser in the auction procedure is the title holder. Therefore, the ownership of the real estate for auction purpose is regardless of who is the person who actually bears the purchase price.

arrow