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(영문) 서울서부지방법원 2018.12.13 2018가단229659
보증금반환
Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the delivery of real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. received a successful bid on October 26, 2016 in the voluntary auction procedure and completed the registration of ownership transfer in its name on November 16, 2016.

(B) The registration of a right to a site at the time of being awarded a successful tender.

On January 31, 2017, the Plaintiff leased the instant building from the said C Co., Ltd. with the lease deposit of KRW 170 million, the lease deposit of KRW 170 million from February 18, 2017 to February 17, 2019, the Plaintiff obtained a fixed date on January 31, 2017, and completed the move-in report on resident registration on February 21, 2017.

C. On June 12, 2017, creditors D received a decision to commence compulsory auction on the above building from Seoul Western District Court E, and the registration of the decision to commence compulsory auction was completed.

On the other hand, F, the owner of the land, which is the object of the right to the site of the instant building, filed a lawsuit for the withdrawal of the building at Seoul Western District Court 2014Kadan211094 against G, etc. which was occupying the said building and received a favorable judgment, and the said succeeding execution clause was granted to the Plaintiff who was the successor of G on March 2018 and served the said succeeding execution clause on the Plaintiff. On April 13, 2018, the Plaintiff agreed on the lease agreement between C, the lessor, as of April 13, 2018.

Before the lessor returns the deposit for lease, the lessee shall use and benefit from the leased object.

“The Agreement (A 4) was drawn up.

In addition, on April 23, 2018, the Plaintiff received an order of lease registration from Seoul Western District Court 2018Kadan5028 (Seoul Western District Court) and completed the registration of the lease (170,000 won of lease deposit) on May 3, 2018.

E. After the Defendant’s successful bid on July 27, 2018, the Defendant acquired ownership by winning a successful bid of the instant building at the auction procedure conducted on June 12, 2017 following the decision to commence compulsory sale of the building.

[Reasons for Recognition] Gap evidence Nos. 1 through 7, and Eul No. 1 through 7.

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