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(영문) 대전지방법원 2015.10.29 2014가단17104
건물명도
Text

1. The Defendant: (a) from November 7, 2014, at KRW 3,00,000 to the Plaintiff, the second floor of KRW 10.879 square meters among the buildings indicated in the separate sheet from November 7, 2014; and (b) 10.3 floors.

Reasons

1. Basic facts

A. Nonparty D owned each of the 448.3 square meters in Dong-gu Daejeon, Daejeon, E, 257.5 square meters in size, and F 310.1 square meters in size, 5.28/492 shares and buildings indicated in the attached sheet (hereinafter “instant building”).

B. Around March 9, 192, the Defendant: (a) set the two-story 10.879 square meters of the instant building and 10.879 square meters of the three-story 10.879 square meters of the instant building (hereinafter “the instant leased object”) as the lease term period from March 9, 192 to 36 months; and (b) leased the lease deposit with KRW 3 million without rent.

(hereinafter “instant lease agreement”). C.

In addition, on March 5, 2008, the defendant lent 12 million won interest rate of 3% per month and on May 6, 2008, the due date for payment was determined and lent to C on May 6, 2008. On December 3, 2008, the court issued a provisional attachment order with 2008Kadan10315, which designated the above loan claim as the claim claim, and attached C’s share (5.28/429) and the building of this case on December 3, 2008.

Meanwhile, on January 16, 2009, Nonparty G, the mother of the Plaintiff, completed the registration of ownership transfer on the ground of sale by compulsory auction on January 2, 2009 with respect to each of the shares C (5.28/429) among the shares of Dong-gu Daejeon Dong-gu and 257.5 square meters and F 310.1 square meters.

E. C: (a) A died on March 10, 2009; (b) on July 29, 201, ASEAN’s heir completed the registration of transfer of ownership based on inheritance by agreement and division with respect to C’s share (5.28/429) and the building of this case.

F. As above, G acquired the ownership of each C’s share (5.28/429) in the Dong-gu, Daejeon-gu and 257.5 square meters and F 310.1 square meters as to compulsory auction, and filed a lawsuit against H and I to return the amount equivalent to G’s share out of the rent acquired by leasing the instant building by H and I as unjust enrichment with the competent court 2010 Ghana61428. The court of first instance dismissed G’s claim, but around July 201, H had continued to appeal against G, as well as the 448.3 square meters in the Daejeon-gu, Daejeon Special Metropolitan City (429.5.28) and this day.

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