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(영문) 서울중앙지방법원 2015.02.16 2012가단119151
건물명도 등
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant: (a) each Plaintiff (Counterclaim Defendant) KRW 28,322,581; and (b) from September 27, 2012 to September 25, 2015.

Reasons

1. Facts of premise;

A. (i) On March 30, 2009, the instant lease lease, etc. (i) the building on the ground of Jongno-gu Seoul Jongno-gu Seoul D (hereinafter “instant building”) and the Nogreging Co., Ltd., the owner of the site (hereinafter “Beging”) completed the registration of ownership transfer based on the trust to the International Trust Co., Ltd. (hereinafter “International Trust”).

Luxembourg The Defendants, around March 2, 201, are the 7th or lower floor of the above building from the luminous light.

“) The lease deposit was leased KRW 100,000,000 for monthly rent of KRW 10,000 (including value-added tax and electricity and water supply management expenses, including value-added tax, and electricity and water supply management expenses, and the lease term was set on April 15, 201 to April 15, 2014.

hereinafter referred to as "the lease of this case"

B. International trust and Plaintiff’s ownership acquisition (i.e., the Defendants operated a restaurant at the said store. International trust was conducted for the reason of three-dimensional debts, etc., and E was awarded a successful bid for the instant building and its site in the public sale procedure conducted by international trust on July 1, 2011.

B. B. On January 27, 2012, the Plaintiff transferred the status of the successful bidder in KRW 22,910,000,000 to the Plaintiff, and the obligation to return the lease deposit to the lessee of the instant building was succeeded by the Plaintiff.

"Agreement on Transfer" is referred to as "Agreement on Transfer of this case".

(2) On February 1, 2012, the Plaintiff entered into a public auction real estate sales contract with an international trust on the instant building and site, and completed the registration of ownership transfer under the name of the Plaintiff on the said building and site on March 15, 2012, and the Defendants handed over the instant store to the Plaintiff on July 6, 2012. [Grounds for recognition]: (i) the absence of dispute; (ii) the Plaintiff’s statement in the name of the Plaintiff on the said building and site; and (iii) the purport of the entire pleadings; and (iv) the purport of the entire pleadings.

2. Determination on the main claim

A. The Plaintiff asserted by the parties, while denying the succession of the instant lease, sought payment of KRW 38,322,581 to the Defendants for the following reasons.

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