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(영문) 서울중앙지방법원 2016.01.19 2015가합511267
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 12,722,500 and its amount on July 2015.

Reasons

1. Basic facts

A. On February 27, 2002, the Defendant completed a move-in report for resident registration with respect to the instant apartment on March 19, 2002, after completing a move-in report for resident registration with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”). The Defendant has resided in the said apartment along with his family members.

B. On March 28, 2003, the Defendant entered into a sales contract with Nonparty C and the Defendant selling the instant apartment at KRW 500 million (hereinafter “instant sales contract”), and agreed that KRW 145 million shall be succeeded to by the buyer, and KRW 20 million shall be paid KRW 50 million on the date of the contract, and the remainder payment shall be paid at KRW 285 million on April 9, 2003, and the remainder payment shall be paid at KRW 285 million on April 28, 2003, respectively. Of the remainder, the Defendant, the seller, agreed to rent the instant apartment and pay KRW 280 million in lieu of the payment of the lease deposit.

C. At the time of the conclusion of the instant sales contract, the registration of the establishment of a neighboring mortgage of the Japanese bank, which caused the debtor, the defendant, the maximum debt amount of 54 million won, was completed as of April 8, 2002 by the Seoul Central District Court No. 4962, and as of September 12, 2002, No. 109103, Sept. 12, 2002, the establishment of a neighboring mortgage of the debtor, the defendant, the maximum debt amount of 120 million won of the Korean bank (hereinafter “Korea bank”) was completed.

C On April 29, 2003, upon completing the registration of ownership transfer under the instant sales contract, and around October 20, 2003, C prepared a lease agreement with the Defendant with the content that the instant apartment was leased to the Defendant by setting the lease deposit amount of KRW 280,000,000 and April 27, 2005. However, the contract date was retroactively written on March 30, 2013.

(hereinafter “instant lease agreement”). E.

C on October 22, 2003, the Bank borrowed KRW 100 million from the Bank, and this is extended to the Bank in order to guarantee the above loan obligation.

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