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(영문) 서울남부지방법원 2016.11.25 2016가단203456
건물명도
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B and Defendant C are the same as the first floor of the building indicated in the attached Table.

Reasons

1. Facts of recognition;

A. (1) On May 12, 2015, Seoul Southern District Court E rendered a decision to commence compulsory sale of the Plaintiff’s building.

(2) In the above compulsory auction case, the Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) and F (hereinafter “Plaintiff”) obtained a successful bid of the buildings listed in the attached Table on December 18, 2015, and completed the registration of ownership transfer on the same day.

B. The Defendants’ lease contract and registration of housing lease (1) the Defendant (Plaintiff, Lessee, and hereinafter “Defendant”) entered into a lease agreement with the Defendant (hereinafter “Defendant”) from May 9, 201 to June 18, 201 with the content of a lease agreement that leases approximately KRW 36 square meters in the ship (hereinafter “instant building”) connected each point in sequence with each point of the first floor of the buildings listed in the attached Table D as indicated in the attached Table No. 1, 2, 3, 4, 5, 6, 7, and 1,50,000 won in lease deposit, monthly rent of KRW 150,000 from June 19, 201 to June 18, 2013, and obtained a fixed date on September 27, 2011.

(2) As of May 10, 2012, Defendant B and D drafted a lease contract with the lease deposit amount of KRW 30 million and KRW 250,000,000 in monthly rent as of May 10, 201. Defendant B obtained a fixed date on November 27, 2014 on the said lease contract.

(3) Defendant B completed the move-in report on the resident registration of the instant building on September 27, 2011.

On November 12, 2014, Defendant B transferred the building in this case to the Seoul-Naman-gun G, but made a move-in report again on November 20, 2014.

Defendant C maintained the move-in report to the instant building on September 19, 201, and was living together with Defendant C on January 27, 2016.

(4) On June 10, 2016, Defendant B: (a) KRW 40 million on May 9, 2011; (b) KRW 30 million on May 10, 201; (c) KRW 150,000 ( May 9, 201); (d) KRW 250,000 on May 10, 201; (d) the lease date on May 10, 201; (e) May 10, 201; (e) the lease date on May 10, 2012; (e) the date of resident registration; and (e) the date of resident registration; (e) the date of resident registration; (g) the date of possession; (v) the contract on June 19, 2011; and (v) the date of contract on September 19, 201; and (v) the date of occupancy;

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