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(영문) 서울중앙지방법원 2017.04.07 2016가합568819
청구이의
Text

1. The part of the claim objection in the principal lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed.

2. On October 201, 201 between the Plaintiff (Counterclaim Defendant) and C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The registration of ownership preservation was completed on May 15, 2009, E, and F, as to each portion of the real estate listed in the separate sheet in the ownership relationship of the real estate listed in the separate sheet (hereinafter “instant real estate”).

C purchased 1/2 shares owned by F among the instant real estate in the process of compulsory auction by G in this Court, and acquired ownership by fully paying the sale price on August 31, 201.

The Defendant purchased 1/2 shares of the instant real estate owned C in the compulsory auction procedure of H, I, J, and K (Dual) in this Court, and acquired ownership by fully paying the sale price on May 27, 2016.

B. C’s possession relation to the instant real estate and preparation of the lease agreement were received from F and L, a previous occupant, and thereafter delivered the instant real estate to the Plaintiff, a son of C on October 26, 201.

C and the Plaintiff: (a) between C and the Plaintiff, the lease deposit amount of KRW 200 million (the date of the contract, intermediate payment of KRW 20 million, KRW 80 million, KRW 100 million, KRW 100 million, KRW 100 million, KRW 100 million, and KRW 100 million, KRW 20,000), the lease term was set from November 1, 201 to October 31, 201; and (b) the lease agreement was concluded on October 21, 201 with the purport that C shall lease the instant real estate for two years from October 31, 2013; and (c) the Plaintiff obtained a fixed date on July 20, 2012.

C. On July 22, 2016, the Defendant filed an order to deliver the instant real estate with the Plaintiff as the court D, and received the decision of acceptance (hereinafter “instant order”).

The Plaintiff’s appeal against the extradition order of this case is currently pending in this Court No. 2016Ra1417.

On February 13, 2013, the Plaintiff filed a lawsuit of demurrer against distribution on February 13, 201, with the deposit of 48.6 million won, the period of possession from November 1, 201 to October 31, 2013, and the move-in report and the fixed date of the move-in report as of October 26, 201.

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