logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.07.15 2014가단123146
건물인도등
Text

1. Defendant B:

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

(b) KRW 3,162,000 and its related thereto.

Reasons

1. Basic facts

A. On November 19, 2010, Defendant C acquired ownership by fully paying the proceeds from the sale of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the auction procedure for real estate rent.

B. Around November 7, 2013, a notary public against Defendant C applied for a compulsory auction on the instant real estate to Daegu District Court Kimcheon-Support E for a compulsory auction on the 12th of the same month (hereinafter “instant auction”) based on the claim claim amounting to KRW 40 million under Article 01028 of the certificate of 2013, Guro-si, 2013, by a notary public against Defendant C around November 7, 2013.

In the instant auction procedure, the Plaintiff acquired the ownership of the instant real estate by completely paying the sale price on April 25, 2014.

C. On August 26, 2013, Defendant B entered into a lease agreement with Defendant C with regard to the instant real estate at KRW 28 million (hereinafter “instant lease agreement”).

Defendant B completed the move-in report on the instant real estate on September 24, 2013 and received the fixed date on the same day.

On November 19, 2010, regarding the instant real estate, the right to collateral security (hereinafter “instant right to collateral security”) was set up against the Geum River Saemaul Depository, the debtor, Defendant C and the maximum debt amount of KRW 23 million.

The registration of the instant mortgage was cancelled on March 19, 2014, when the instant auction procedure was in progress.

E. The market price level of the instant real estate is KRW 43 million from KRW 48 million at the time of the first half of 2014, and KRW 45 million to KRW 5 million at the time of February 25, 2015, and KRW 30 million at the time of the first half of 2014 and February 25, 2015.

The amount equivalent to the monthly rent for the instant real estate as of April 25, 2014 is KRW 3.10,000, and the amount equivalent to the rent for the instant real estate from April 25, 2014 to February 28, 2015, is KRW 3,162,00.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 4, 5 (including paper numbers; hereinafter the same shall apply), and

arrow