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(영문) 청주지방법원영동지원 2020.09.25 2018가단687
건물명도(인도)
Text

For the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B: (a) KRW 41,507,435 and its amount from February 27, 2019 to September 25, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. After completing the registration of ownership transfer on each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Plaintiff completed the registration of ownership transfer on December 5, 2012, and completed the registration of ownership transfer on June 9, 2015 with E Co., Ltd. due to trust, and completed the registration of ownership transfer on December 21, 2015 due to the reversion of trust property.

B. On March 4, 2013, the Plaintiff leased to Defendant B real estate listed in Articles 1, 2, and 3 of the [Attachment 1] List (hereinafter “instant real estate”) KRW 50,000,000, monthly rent of KRW 3,300,000 (including value-added tax), and the lease period from April 30, 2013 to April 29, 2016 (hereinafter “instant lease agreement”), and the said lease was implicitly renewed.

C. On March 5, 2016, the Plaintiff leased the real estate listed in paragraph (4) of the attached Table No. 4 (hereinafter “instant real estate No. 2”) to Defendant C with a deposit of KRW 20,000,000, monthly rent of KRW 2,420,00 (including value-added tax), and the lease period from July 1, 2015 to June 30, 2018 (hereinafter “instant lease agreement”), and the said lease was implicitly renewed.

On March 2015, the Plaintiff leased to Defendant D real estate listed in Articles 5 and 6 of the [Attachment 5] List (hereinafter “instant third real estate”) KRW 20,00,000, monthly rent of KRW 1,100,000 (including value-added tax), and the lease period from June 1, 2015 to May 31, 2018 (hereinafter “instant third lease contract”), and the said lease was implicitly renewed.

E. On February 14, 2018, F, a creditor of the Plaintiff, was forced to commence compulsory auction as Youngju District Court Young-dong Branch G on each of the instant real estate on February 14, 2018

(f) At the instant auction procedure, Defendant B purchased the real estate listed in [Attachment List Nos. 1 and 2] on December 21, 2018, and H purchased the real estate listed in [Attachment List No. 3] on February 26, 2019, and I and J purchased the real estate listed in [Attachment List No. 3] on April 5, 2019, respectively.

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