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(영문) 광주고등법원 2015.11.25 2014나3916
건물명도
Text

1. Of the judgment of the court of first instance, the part against Defendant G,O, and S shall be revoked, and the Plaintiff’s claim against Defendant G,O, and S shall be filed respectively.

Reasons

1. Basic facts

A. On June 26, 2001, the Plaintiff, a person operating a housing rental business with the trade name of “AH, obtained the approval of the business plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and Article 32 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 17816 of Dec. 26, 2002), and made a public announcement on November 28, 2001, to build a AJ Apartment apartment (hereinafter “instant apartment”) with 30,963 square meters on the ground of public constructed rental house, which is a public constructed rental house, 14-dong 802 households, a public constructed house (hereinafter “instant apartment”).

B. Defendant J, R, U, W, and Z respectively concluded a lease agreement with the Plaintiff on each apartment building indicated in the “rental Housing” column as stated in the table “the date of concluding the contract” column below the first period of occupancy designation as seen below after the announcement of the above recruitment.

Since then, the lease deposit has been gradually increased, and the lease deposit paid by the above Defendants pursuant to each of the above lease agreements as of the date of closing the argument in this case is the amount indicated in the column of "rental deposit."

Attached Form 5 J on December 14, 2001

2. Apartment 50,604,000 as stated in paragraph (5) of the list of real estate on Aug. 25, 2003, the apartment 52,809,000 as stated in paragraph (12) of the same list as of Aug. 25, 2003; and apartment 52,809,000 as stated in paragraph (14) of the same list as of Dec. 28, 2001; and the apartment 55,449,000 as stated in paragraph (16) of the same list as of Aug. 19, 2003; and 50,604,000 apartment as stated in paragraph (18) of the same list as of Aug. 26, 2003.

C. After completing the new construction of the instant apartment, the Plaintiff completed the registration of initial ownership on August 28, 2003, and completed the registration of initial ownership on the entire apartment, and on the same day, the Plaintiff provided the entire apartment as joint collateral against the National Housing Fund, and completed the registration of creation of a neighboring mortgage amounting to KRW 40,531,40,000 for the National Bank of Korea (hereinafter “National Bank”).

On the other hand, the above joint collateral is on May 19, 2008.

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