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(영문) 대구지방법원 서부지원 2018.09.11 2017가단13773
건물명도등
Text

1. Defendant B received KRW 25,016,248 from the Plaintiff, and at the same time, was the second floor of the building indicated in the attached Table to the Plaintiff.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in full view of Gap evidence Nos. 1 through 6, 9, 12, 13, Eul evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 2, and 3 (including branch numbers; hereinafter the same shall apply), witness D's testimony, and the whole purport of the pleadings.

The building of this case was owned by D's attached E, and D completed the registration of ownership transfer due to inheritance by consultation division on April 20, 2006.

B. Defendant C leased the instant building 102 from D with a deposit of KRW 31,00,000, and the term of lease from June 4, 2006 to June 3, 2008.

Defendant C made a move-in report of the instant building 102 on June 7, 2006 and received a fixed date on the same day.

C. From July 28, 2008, Defendant B leased KRW 27,000,000 as deposit money, and the term of lease from July 28, 2008 to July 27, 2010.

Defendant B made a move-in report of the instant building 201 on July 29, 2008 and received the fixed date on the same day.

As Defendant C could not receive the lease deposit from D, on December 22, 2010, Defendant C completed the lease registration on January 12, 201 with the lease registration order issued by Seoggu District Court Decision 2010Kaman743.

E. As Defendant B could not receive the lease deposit from D after the lease term expires, Defendant B filed a lawsuit seeking the return of KRW 27,000,000 of the lease deposit against D by the Daegu District Court Decision 201Da7984, Jun. 8, 2011, and sentenced that “D shall pay KRW 27,000,000 to Defendant B at the same time as the receipt of the lease deposit from Defendant B from the instant building.”

The above judgment was finalized as it is.

F. Defendant B filed an application for compulsory auction (hereinafter “first auction”) against the building in this case as the title of execution with the Daegu District Court Branch F for a compulsory auction (hereinafter “First Auction”).

In the case of the first auction, the building in this case is owned by List Capital Co., Ltd. (hereinafter referred to as “List Capital”).

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