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(영문) 인천지방법원 2017.04.13 2015가단234786
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if there is evidence Nos. 1, 2, Eul Nos. 1, 3-6, and 9, and the fact inquiry as to Korea Land Trust Co., Ltd. in this Court reveals the purport of the entire pleadings. A.

On January 27, 2011, the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) concluded a contract with a third party to acquire all rights and obligations arising from the sales contract concluded with the Korea Land Trust on February 17, 201 between C and a third party on June 25, 2009 (hereinafter “instant sales contract”).

C has not paid up to the present amount of KRW 68.6 million out of the sales price to be paid to the Korea Land Trust in accordance with the contract for the acquisition of the right to sell in lots of this case.

B. On June 7, 2011, the Defendant leased the instant real estate by setting the lease deposit of KRW 70 million from July 1, 2011 to July 1, 2013 without a monthly rent agreement (hereinafter “instant lease”), and paid the lease deposit of KRW 4 million on the same day, and KRW 66 million on July 1, 201, respectively.

The Defendant completed a move-in report under the Resident Registration Act with respect to the instant real estate on August 2, 2011, and obtained a fixed date on October 10, 201.

C. C On August 30, 2011, from the Korea Land Trust, completed the registration of ownership transfer from the Incheon District Court Seocheon Registry No. 68590 on the instant real estate.

C On the same day, the Industrial Bank of Korea received the same registry office with respect to the instant real estate, KRW 24,480,000,000 from the same registry office, and KRW 1,000,000,000 from the debtor C, and KRW 8592,00,000,000,000,000,000,000 won, and KRW 8,2322,00,00

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