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(영문) 인천지방법원 2020.07.16 2019가단233101
건물명도(인도)
Text

1. The Defendants are recorded in the attached list to the Plaintiff at the same time when Defendant C received KRW 53,00,000 from the Plaintiff.

Reasons

1. Basic facts

A. E/F owned 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”). However, G completed the registration of ownership transfer on November 19, 2015 for the instant real estate on the ground of “sale on November 11, 2015.”

B. On November 19, 2015, G completed the registration of creation of a mortgage over KRW 22,68 million with respect to the instant real estate to the Industrial Bank of Korea.

C. On May 24, 2016, G completed the registration of creation of a mortgage over the instant real estate at H Co., Ltd. (hereinafter “H”), the maximum debt amount of KRW 240,000,000,000, and subsequently revoked the registration of creation of a mortgage over the Industrial Bank of Korea.

On April 27, 2017, at the request of H, the voluntary auction procedure was initiated with respect to the instant real estate.

(A) Defendant C, a new person and his spouse, entered into a lease agreement with the former owner on February 24, 2014 with respect to F, E, and the instant real estate. On November 18, 2015, Defendant C agreed to maintain the lease agreement at KRW 110 million with G and the lease deposit amount of KRW 100 million.

The Defendants resided in the instant real estate after the move-in report on November 27, 2015, and did not receive a refund of KRW 80 million from G.

‘The right’ was reported to the effect that it was a right.

E. On March 6, 2019, in the said voluntary auction procedure, a distribution schedule was prepared to distribute the amount of KRW 27 million to Defendant C as the top priority tenant, and the said distribution schedule became final and conclusive.

F. A limited liability company J purchased the instant real estate in the said voluntary auction procedure and acquired ownership on January 18, 2019.

A limited liability company J applied for an order to deliver real estate to the Defendants on the same day, but was dismissed on March 7, 2019 (Seoul District Court K), and was appealed on May 11, 2020.

(G) In Mancheon District Court 2020Ra5157). On January 18, 2019, the Plaintiff is a limited liability company J and this.

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