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(영문) 수원지방법원 2016.11.02 2015가단132993
건물인도등
Text

1. The Plaintiff. (1) The Defendant A indicated in the attached Table No. 1, 2, 3, 4, 1 among the real estate 185 square meters in the third floor listed in the attached Table No. 1, 2, 3, 4, 1.

Reasons

1. Evidence 【Evidence】1 through 6, Eul 1, Eul 2, Eul 1 through Eul 4, Eul 6 and the purport of the whole pleadings;

A. C. The collateral trust contract (1) between the Plaintiff and the L.C. (hereinafter referred to as “C”) has completed the registration of initial ownership on August 30, 2012 in the name of the building listed in the separate sheet (hereinafter referred to as “instant building”).

(2) On August 30, 2012, C concluded a real estate security trust agreement with the Plaintiff to provide the instant building as security to the Plaintiff, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

B. (1) On August 1, 2012, Defendant A entered into a lease agreement with the Defendants to lease the portion (A) on the instant building, which was set from August 201, 2012 to August 20, 2015, with respect to the portion (a) housing of 92.5 square meters (hereinafter referred to as “the portion (a) in the instant building”) connected in order to indicate 1,2,3,4, and 1 of the attached drawings among the three floors of the instant building, and to lease the portion (a) on the instant building on August 31, 2012, with the period from August 20, 2012 to August 20, 2015.

(2) On May 7, 2012, Defendant B entered into a lease agreement with C and the third floor of the instant building, stipulating that deposit money is KRW 30 million, monthly rent is KRW 400,000,000,000, and the period is from August 30, 2012 to August 30, 2015, with respect to the (b) part of the instant building (hereinafter referred to as “the (b) part of the instant building”) which was connected in sequence 3,4,5,6, and 3 of the attached drawings, to lease the (b) portion of the instant building. On November 23, 2012, Defendant B completed a move-in report for resident registration on the instant building.

C. D and E purchased the instant building on May 23, 2014 in the public sale procedure conducted by the Plaintiff, and completed the registration of ownership transfer for each of the instant 1/2 shares among the instant buildings on May 29, 2014. On the same day, D, E and E entrusted the instant building to the Plaintiff, and under the name of the Plaintiff as to the instant building.

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