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(영문) 전주지방법원 2011.11.08 2011나4172
건물명도
Text

1. Of the judgment of the court of first instance, the part against the Defendants of the Plaintiff ordering delivery and payment under the following subparagraphs.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) is originally owned by Nonparty G, and the creditor-nan Agricultural Cooperative (hereinafter “Non-Party Cooperative”) created a collateral security with the maximum debt amount of KRW 150 million against the instant real estate (excluding the unregistered portion) on July 22, 2004. At the request of the non-party Cooperative, the decision to commence voluntary auction was rendered on July 11, 2006 at this court’s H on the application of the non-party Cooperative. (The application for voluntary auction was withdrawn on January 9, 2007 with respect to the real estate listed in the separate sheet No. 3, the decision to commence voluntary auction again was again rendered on December 20, 207 at the request of the non-party Cooperative. The instant I real estate auction case was a consolidation of the above H real estate auction case and was proceeding with the auction procedure (hereinafter “instant auction procedure”).

[] The plaintiff was awarded a successful bid in the auction procedure of this case, and paid the successful bid price on March 6, 2009, and completed the registration of ownership transfer in the future.

B. On May 4, 2006, Defendant B opened K sales business of bedclothes. On January 16, 2007, Defendant B applied for business registration to the head of Jung-Eup Tax Office on January 23, 2007. On March 22, 2007, Defendant B applied for business registration with respect to the building other than the presented real estate as the place of business. On March 22, 2007, Defendant B entered building other than the presented real estate as L’s place of business. On April 20, 2007, Defendant B signed a lease agreement with the head of Jung-Eup Tax Office on April 26, 2007, including 149 square meters in the attached building drawing, K, Jeju, and three rooms, as the lease deposit amount of KRW 12 million,60 million, and 30 million in the attached building size among the instant real estate as the lease deposit amount of KRW 30 million, 206, 2005, 206.

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