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(영문) 춘천지방법원 원주지원 2018.04.10 2017가단31004
부동산인도등
Text

1. The Defendant shall deliver each real estate listed in the separate sheet to the Plaintiff, and each listed in the separate sheet from November 18, 2016.

Reasons

Basic Facts

A. C, on September 1, 2006, completed the debtor’s right to collateral security (hereinafter collectively referred to as “D”), with respect to each real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”) owned by it on September 1, 2006, KRW 228,150,000, and the debtor’s right to collateral security.

B. D applied for a voluntary auction on each of the instant real estate based on the foregoing collateral security, and the Plaintiff received the decision to permit the sale in the procedure of the auction on the real estate progress to Chuncheon District Court Assistance E, and acquired the ownership of each of the instant real estate by fully paying the sale price on November 18, 2016.

C. From November 18, 2016, the Defendant continuously occupied and used each of the instant real estate using the factory site and office, etc.

The amount equivalent to the rent from November 18, 2016 to the date of closing the argument in this case is KRW 1,569,000 per month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7 (including a provisional number; hereinafter the same shall apply), appraiser F's appraisal result, the plaintiff's assertion 1) defendant occupies, uses each of the real estate of this case owned by the plaintiff without permission. 2) The defendant asserted that the defendant occupied and used each of the real estate of this case after renewal of the lease contract since the execution of the lease contract with Eul on October 1, 2004, the defendant occupied and used each of the real estate of this case, and the opposing power provided for in Article 3 of the Commercial Building Lease Protection Act (hereinafter referred to as the "Commercial Building Lease Protection Act"). Since the lease contract between the defendant and C was renewed at implied time on October 1, 2016, the defendant can assert opposing power under Article 3 of the Commercial Building Lease Protection Act based on Article 2 (3) of the same Act, Article 2 of the Addenda, and Article 2 of the Addenda.

3, however, the defendant C.

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