(영문) 수원지방법원안양지원 2015.04.10 2014가단19149

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안양지원 2015.04.10 2014가단19149

주택임차권말소청구

Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On April 21, 2011, the Defendant received an order to register the lease (hereinafter referred to as “instant real estate”) from the Military Manpower District Court (hereinafter referred to as the “instant real estate”) and completed the registration of the lease based on the order to register the lease.

B. C completed the registration of ownership transfer on the ground of sale and purchase on September 6, 199, and on October 2, 2013, the Suwon District Court rendered a decision to commence voluntary auction D with respect to the instant real estate on September 2, 2013 (hereinafter “instant auction”).

C. The Plaintiff was awarded the instant real estate bid at the instant auction procedure and completed the registration of ownership transfer on August 13, 2014.

The defendant completed a move-in report on July 24, 1997 on this case's real estate.

[Ground of Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Gap evidence 3

2. We examine the legitimacy of the principal lawsuit of this case ex officio in determining the legitimacy of the principal lawsuit.

In order to cancel the registration where the registration is completed on the basis of the court's order of lease registration, the court shall file an application for an objection to or cancellation of the decision on the order of lease registration and obtain a judgment to cancel the said decision from the court, and submit the original copy of the judgment to the executive agency for the cancellation of the execution

(See Article 3-3(3) of the Housing Lease Protection Act (see Article 3-3(3)). As long as special remedies for the procedure of compulsory execution are provided for the cancellation of the housing lease registration, the Plaintiff may cancel the said registration by filing an objection or an application for cancellation against the decision of the order of lease registration of a house, so this part of the claim against the Defendant for cancellation of the housing lease registration

3. Determination on a counterclaim

A. The defendant's assertion that C is the former owner around July 1997, prior to the acquisition of the real estate of this case.

참조조문

-주택임대차보호법 제3조의3 제3항

유사 판례

-서울동부지방법원 2015.01.15 2014가단54947

-수원지방법원여주지원 2015.12.08 2013가단16697

-창원지방법원 2014.11.11 2014가단74370

-광주지방법원 2015.01.20 2014가단55265

-대전지방법원 2015.04.30 2014가단23970