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(영문) 청주지방법원 2016.12.09 2015나22
건물명도 등
Text

1. Paragraphs 1 and 2 of the order of the judgment of the first instance, including the plaintiff's claim expanded in the trial, are as follows.

Reasons

1. Basic facts

A. The Defendant: (a) paid KRW 20 million in total at KRW 20 million on July 27, 201, and September 9, 2011, KRW 20 million to C, which was constructed with two sub-loans on the ground (hereinafter “instant sub-loans”); (b) from September 25, 201, the Defendant was operating from September 201 to 202 or Na 202 (with respect to each inquiry by the court of the first instance, the Defendant responded to two sub-loans as KRW 202 at the same time; and (c) at the place where the Defendant applied for the establishment of a gas supply model at the time when he/she was in operation. (d) At the time when he/she was in operation, he/she was in operation under the aforementioned sub-paragraph 202 at the place where he/she was in operation. (e) At the time when he/she was in operation.

B. On October 28, 201, the approval for use of the two lending units of this case was granted on the two lending units, and on November 4, 2011, registration of preservation of ownership was made in C’s name.

C. After that, the Plaintiff requested C to borrow 201 (hereinafter “instant real estate”) as collateral, as indicated in the separate sheet, to lend the instant real estate as collateral. On November 7, 2011, the Plaintiff confirmed that there is no lessee to the instant real estate, and provided C with a loan of KRW 90 million, and on November 14, 201, set up a collateral security right (hereinafter “instant collateral security right”) with regard to the instant real estate with a maximum claim amount of KRW 12,00,000,000.

On November 7, 2011, the Defendant completed a move-in report on the instant real estate, and prepared on December 20, 201, a written lease agreement on the instant real estate (hereinafter “instant lease agreement”) with C (hereinafter “instant lease agreement”) with C, and its main contents are as follows:

(1) The lease deposit term of KRW 60 million (the remainder of KRW 20 million on the date of the contract and the remainder of KRW 40 million on December 30, 201): C shall deliver the instant real estate to the Defendant by December 26, 201, and the lease term shall expire on December 25, 2013 from the date of delivery.

(3) Special terms: The instant case.

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