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(영문) 수원지방법원 성남지원 2018.12.12 2017가단210906
건물명도(인도)
Text

1. The Defendant (the intermediate confirmation Defendant) shall: (a) the Plaintiff (the intermediate confirmation Plaintiff);

A. 97,510.0

Reasons

1. Facts of recognition;

A. On November 30, 2012, the Defendant entered into a contract with D to enter into a contract with the Defendant, under which the interior finishing and windows (hereinafter “instant construction”) from December 3, 2012 to December 23, 2012 during the period from December 3, 2012, and KRW 130 million (10,000,000,000 in cash, and the remainder of multi-household housing F) are to receive contracts.

B. The Defendant completed the instant construction, and D completed the registration of ownership preservation on June 5, 2013 regarding the instant multi-household housing including the instant real estate.

C. As of June 5, 2013, the Defendant prepared a lease contract under which the instant real estate was leased between D and D during the period from July 5, 2013 to July 4, 2015, and completed the move-in report on the said real estate on December 23, 2013, and thereafter thereafter occupied the said real estate.

On January 23, 2014, with respect to the instant real estate, an auction procedure was initiated to exercise the security right at the H of this court upon the application of the G Union, which is the right to collateral security (hereinafter “instant auction procedure”).

E. At the instant auction procedure, an enforcement officer conducted an investigation on the present status of each of the instant real estate on January 29, 2014, February 7, 2014, and February 18, 2014, and prepared a report on the present status of “after investigating the present status of each of the instant real estate, the Defendant of the lessee (on December 23, 2013, the date of transfer) occupied, and the resident did not have any written notice on the report on the right and the application for demand for distribution to the current entrance area.”

F. On March 27, 2014, the Defendant filed an application for a report on the right and a demand for distribution as a lessee with respect to the instant real estate in the instant auction procedure, and filed a report on the right of retention with the Defendant as the secured claim in the instant case’s construction cost as KRW 132 million.

G. The Plaintiffs purchased 1/2 shares of each of the instant real estate in the instant auction procedure, and each of them on May 16, 2017.

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