(영문) 대전지방법원 서산지원 2017.01.13 2016가단433

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(영문) 대전지방법원 서산지원 2017.01.13 2016가단433

건물인도 등

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) obtained permission for new construction of the building listed in the separate sheet (hereinafter “instant building”) on July 25, 2005 (the building owner appears to have been changed to B, C, and D from October 11, 2005) (the building owner started new construction on October 28, 2005 and obtained approval for use of the instant building on April 8, 2008 (the building owner appears to have changed to B and E before obtaining approval for use) and on August 6, 2009, registration for initial ownership preservation was completed in B and E’s name as to the instant building.

② On January 4, 2010, the National Agricultural Cooperative Federation completed the registration of creation of a mortgage over the instant building, including the maximum debt amount of 2,400,000,000,000 and the debtor F, and thereafter, the auction procedure was commenced on May 15, 2013, with the Daejeon District Court Seosan Branch G, which was the mortgagee, and the Plaintiff purchased the instant building on July 22, 2015 during the said auction procedure.

③ Meanwhile, on May 10, 206, the Defendant, an attorney-at-law who had registered the instant building under the trade name “Law Office A” as of May 10, 2006, as of May 21, 2015, when the said voluntary auction procedure was in progress, completed the lease registration on the instant building as of October 27, 2005, as of May 27, 2005, the lease deposit amount of KRW 100,000,000, the lease deposit date of KRW 100,000, and the business registration date of May 10, 2006, the third floor of the instant building, the entire third floor of the instant building, the possession commencement date of May 1, 2006, and no fixed date of date of commencement of the lease registration on May 29, 2015.

④ On July 11, 2016, the Plaintiff completed the share transfer registration with respect to the share of 259.34/78.02 of the instant building from among the instant building to Bolulue households Co., Ltd.

[Ground of recognition] Evidence Nos. 1, 2, 6, Eul evidence Nos. 7-3 through 5, Eul evidence Nos. 9, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion ① that the defendant, a lawyer, did not obtain the fixed date in the lease contract.

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