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(영문) 대전지방법원 2014.02.06 2013가합1819
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts

A. On September 29, 2009, the Plaintiff entered into a lease agreement with the Seoul Special Metropolitan City, Seo-gu, Daejeon Special Metropolitan City, “V” building (hereinafter “instant building”) on the eightth floor 801 (hereinafter “801”) (hereinafter “the instant building”) at the time and entered into a lease agreement with the Flag Development Co., Ltd. (hereinafter “Fel Development”) that was the owner at the time during the lease period from September 29, 2009 to September 28, 201, setting the lease deposit amount as KRW 50 million, and completed the registration of the establishment of lease on the same day.

(hereinafter referred to as “the instant chonsegwon”). B.

Defendant B acquired the ownership on June 8, 2012 at the auction procedure (hereinafter “instant auction procedure”) conducted with the application of Dongbu Mutual Savings Bank, a company with the first priority mortgagee of the instant building and site, at the same time. On the same day, the registration of the establishment of chonsegwon was cancelled ex officio on the grounds of sale due to voluntary auction.

C. The Plaintiff did not report the right of retention, etc. with respect to 801 in the instant auction procedure.

Defendant L, K, May 10, 2012; Defendant M, December 103, 201; Defendant C, April 104, 201; Defendant C, April 105, 2012; Defendant P, December 106, 15, 201; Defendant Q, May 109, 7, 201; Defendant L, K, and R, 201, May 10, 201; Defendant C, 302, 302, 303, 303, 305, 205, 205, 205, 205, 205, 201, 205, 206, 205, 301, 206, 207, 301, 306, 307, 303, 304; and Defendant D acquired ownership on June 8, 2012;

In the below, the defendants, other than the defendant B, are "B" and the defendants, other than the defendant B.

(ii) [Grounds for recognition] unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings;

2. Determination as to the principal claim.

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