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(영문) 대구지방법원포항지원 2014.08.26 2013가단303083
건물명도
Text

1. Defendant A:

(a) Appendix 12, 13, 14, 15, 16, 17, 18, 19, 20 of the real estate listed in Appendix 1 List;

Reasons

1. Basic facts

A. On September 1, 2010, Defendant A entered into a lease contract on a deposit basis (hereinafter “instant lease contract”) with Nonparty C for the first floor of KRW 193.44 square meters and the second floor of KRW 183.638 square meters (hereinafter “instant commercial building”) from Nonparty C for the period from September 1, 2010 to August 31, 2015 (hereinafter “instant lease contract”). On the same day, Defendant A entered into a lease agreement with the mortgagee for the instant commercial building with the period from September 1, 2010 to August 31, 2015 (hereinafter “instant lease agreement”). Defendant A and the period from September 1, 2010 to August 41, 2015, for the instant commercial building, for the period from September 31, 2010 to the period from August 31, 2015 (hereinafter “the instant lease lease”). The registration of the establishment of a lease on a deposit basis”).

B. On March 15, 2012, Defendant A entered into a mortgage agreement with Defendant B regarding the right to lease on a deposit basis of this case with the maximum debt amount of KRW 50 million. On March 20, 2012, Defendant B entered into a mortgage agreement with the Daegu District Court on March 20, 2012, the registration of establishment of the right to lease on a deposit basis was completed as the receipt of No. 22649 on March 20, 2012.

C. On November 7, 2011, Nonparty C sold real estate listed in the separate sheet No. 1 to Nonparty D and E. The Plaintiff purchased the said real estate again on May 22, 2013 from the said D and E, and completed the registration of ownership transfer in the name of the Plaintiff on June 25, 2013.

The plaintiff on July 31, 2013 and the same year

9. On November 1, 198, Defendant A entered into a lease agreement with a deposit of KRW 100 million and KRW 5 million for the instant commercial building, and if the above Defendant did not comply therewith, he sent a written statement to the effect that the instant commercial building lease agreement will be terminated, thereby reaching the above Defendant each time.

E. On September 17, 2013, Defendant A deposited the deposited amount of KRW 6.9 million from July 2013 to September 2013, 2013, under the Daegu District Court Branch Branch of the District Court No. 4677, Defendant A as the Plaintiff.

F. On December 13, 2013, the Plaintiff was the Daegu District Court No. 6149 of 2013.

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