(영문) 서울중앙지방법원 2015.10.16 2014가합39676

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(영문) 서울중앙지방법원 2015.10.16 2014가합39676

건물명도등

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1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On April 12, 2010, the Defendant entered into a lease contract (hereinafter “instant lease contract”) with respect to the instant apartment as well as C, with a fixed period from April 29, 2010 to April 28, 2012, with respect to the lease deposit amounting to KRW 260,000,000, and from April 29, 2010 to April 28, 2012. The Defendant obtained a fixed date on the said lease contract on April 30, 2010.

At the time of the conclusion of the instant lease agreement, the registration of attachment (No. 5, No. 45830, Dec. 9, 2009) of Dongjak-gu Seoul Metropolitan Government, the registration of establishment of a neighboring mortgage of the debtor C, the maximum debt amount of the debtor C, the debtor C, the maximum debt amount of 537,60,000,00 won, and the registration of establishment of a neighboring mortgage of the Sym Bank, No. 5279, Nov. 23, 2006, which was received on Nov. 23, 2006, and No. 4730, Jan. 30, 2007; hereinafter “the relocation of the Korea Sym Bank”) of D’s establishment of mortgage (No. 4, the debtor C, the maximum debt amount of 22,500,000, Sep. 30, 2009) was concluded, and the defendant completed the attachment agreement No. 3601, Mar. 27, 20019.

(hereinafter “instant special agreement”). On April 8, 2010, the Defendant paid the down payment of KRW 26 million to C, and KRW 26 million on December 12, 201 of the same month, respectively. On the 30th of the same month, the Defendant paid the remainder of KRW 234 million, and on the same day, received a receipt (Evidence (Evidence (No. 4) that received KRW 260 million from C.

C Pursuant to the instant special agreement, on April 13, 2010, the Dongjak-gu Seoul Metropolitan Government registered the attachment of Dongjak-gu, the registration of the establishment of the establishment of the neighboring establishment of D on the 15th of the same month, and on May 4, 2010, the registration of the establishment of the neighboring establishment of the Korea Telecommunication Bank

On the other hand, C on May 3, 2010, the obligor C and the mortgagee Co., Ltd. with respect to the apartment of this case.

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