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(영문) 전주지방법원 정읍지원 2018.09.11 2018가단10492
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From February 21, 2018, the above real estate.

Reasons

If judgment as to the cause of claim Gap 1 through 7, 12, and 13 is added to the purport of the entire pleadings as a result of the entrustment of appraisal to the former certified public appraisal corporation of this court to the former certified public appraisal corporation of this court, it is recognized that the plaintiff paid the sale price on January 23, 2018 and acquired the ownership of the real estate in the public sale procedure for the real estate listed in the separate sheet (hereinafter “instant real estate”). On February 21, 2018, the distribution statement was prepared to the defendant on the date of distribution of the above public sale procedure, with the content that the amount of KRW 21,09,000, which is the total amount of the lease deposit for the instant real estate, is distributed to the defendant on June 25, 2018, the rent of the instant real estate of this case around June 25, 2018 is 325,000.

Therefore, since the right to lease of the instant real estate has ceased to exist due to the distribution of the above public sale procedure, the Defendant is obligated to deliver the instant real estate to the Plaintiff who acquired the ownership of the instant real estate, and return the money in proportion to KRW 325,00 per month from February 21, 2018 to the completion date of delivery of the instant real estate.

According to Article 3-2 (3) of the Housing Lease Protection Act of the defendant's defense about the defendant's defense, the defendant's obligation to deliver the real estate of this case to the plaintiff is in the simultaneous performance relationship with the plaintiff's obligation to issue a written confirmation

Judgment

Article 3-2 (2) of the Housing Lease Protection Act provides that a tenant who meets the requirements for counterclaim prescribed by the Housing Lease Protection Act and has the fixed date stated in a lease agreement document shall have the right to be paid security deposit in preference to junior creditors or other creditors from the proceeds from the sale of leased housing when he/she conducts an auction under the Civil Execution Act or a public auction under the National Tax Collection Act. Article 3-2 (3) of the Housing Lease Protection Act provides that

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