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(영문) 인천지방법원 2015.10.30 2014가단72882
건물명도등
Text

1. Defendant A and B shall deliver to the Plaintiff the real estate indicated in the attached Form “Real Estate Indication”.

2. The plaintiff's defendant C.

Reasons

1. Basic facts

A. The Plaintiff was entrusted by the Ministry of Strategy and Finance with the administrative affairs regarding the management and disposal of the real estate indicated in the attached Form “Real Estate” owned by the Republic of Korea (hereinafter “instant real estate”).

B. On January 4, 2010, the Plaintiff entered into a loan agreement with Defendant C, setting a loan period of the instant real estate from January 4, 2010 to January 3, 2013, and at KRW 5,830,000 per annum.

Since then, Defendant C paid the Plaintiff the loan fee for the year 2010, but did not pay the loan fee for the year 201. On January 2, 2012, the Plaintiff notified the termination of the loan agreement for State property as to the instant real estate.

C. The Plaintiff filed a lawsuit against the Defendant A and C, who possessed the instant real estate at the time, seeking the transfer of the instant real estate by this court’s 2012da207172 on the ground of the termination thereof. On February 20, 2013, the said court rendered a favorable judgment against the Plaintiff (hereinafter “instant judgment”).

Defendant A appealed against the instant judgment on March 4, 2013. D.

On March 19, 2013, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with Defendant A, setting the loan period from March 19, 2013 to March 18, 2018 as KRW 2,720,000 per annum on the instant real estate.

E. At the time of the conclusion of the instant loan agreement, the Plaintiff had already imposed and collected KRW 1,507,140 on the Defendant A from January 3, 2012 to June 19, 2012. Moreover, from June 20, 2012 to March 18, 2013 immediately before the instant loan agreement, the Plaintiff reached KRW 2,427,570 of the indemnity to be imposed due to the illegal occupation. The Plaintiff also imposed and collected the instant indemnity on March 28, 2013.

On the other hand, at the time of entering into the instant loan agreement, management fees for the instant real estate were overdue from December 2010.

F. On May 30, 2013, the Plaintiff: (a) from January 3, 2012 to March 2013, 2013 to Defendant A.

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