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(영문) 의정부지방법원 2014.11.14 2014나7453
임대차부존재확인(변경 후: 건물명도)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 70,000,000 from the plaintiff.

Reasons

1. The fact that, upon application by Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as the "Plaintiff, etc.") which completed the registration of the establishment of neighboring real estate as of October 4, 201, as of August 27, 2012 with respect to the real estate listed in the separate sheet owned by D’s judgment on the cause of the claim (hereinafter referred to as “instant real estate”), the real estate auction procedure (hereinafter referred to as the "government District Court C) commenced upon the application of the Hyundai Marine Fire Insurance Co., Ltd. (hereinafter referred to as the "Plaintiff, etc.), the Plaintiff, L, and M (hereinafter referred to as the "Plaintiff, etc.") awarded the instant real estate in the said voluntary auction procedure and paid the successful bid price on September 6, 2013, and acquired the Plaintiff 1/5 shares, L2/5 shares, M2/5 shares, and the fact that the Defendant occupied the instant real estate after the Plaintiff, etc. acquired ownership, does not conflict between the parties, or can be recognized by taking into account the overall purport of pleadings.

2. On the judgment of the defendant's defense, etc., the defendant is a tenant with opposing power under the Housing Lease Protection Act, and thus, the defendant cannot respond to the plaintiff's claim by asserting that he/she has the right to occupy and use the real estate of this case until he/she is returned the lease deposit amount of KRW 70,000,000 from the plaintiff who succeeded to the status of the landlord

In full view of the following: (a) the Defendant, on March 2, 2010, set the lease deposit amount of KRW 70,000,000 as to the instant real estate between D and D, the former owner of the instant real estate, and the term of lease from April 30, 2010 to April 29, 2012 (hereinafter “instant lease agreement”).

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