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(영문) 수원지방법원 2012.10.11 2012나15234
건물명도
Text

1. Of the part of the claim for payment with the judgment of the court of first instance, the following amount is ordered to be paid by the Defendants.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4, 8, and Eul evidence No. 5 (including additional evidence), unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

F On January 29, 2009, the Suwon District Court rendered a provisional disposition prohibiting all acts of disposal, including sale and lease (hereinafter “instant provisional disposition”), with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant buildings”) on which registration of ownership preservation was made in the name of G as the preserved right, by taking the right to claim ownership transfer registration of G as the preserved right, and thereby having received a provisional disposition prohibiting any act of disposal, such as sale and lease (hereinafter “instant provisional disposition”), and the subsequent provisional disposition registration was completed on February 2, 2009.

B. After the issuance of the instant provisional disposition, F, a provisional disposition creditor, filed a lawsuit claiming ownership transfer registration against G against the provisional disposition debtor G [the court of first instance, Suwon District Court Decision 2009Gahap4056 decided September 17, 2009, (Supplementary) Seoul High Court Decision 2009Na1097 decided August 27, 2010, Supreme Court of final appeal, Supreme Court Decision 2010Da78814 decided January 13, 201, hereinafter referred to as "principal lawsuit"), thereby winning the lawsuit. Accordingly, F, a provisional disposition creditor, completed each of the instant buildings on October 22, 2009, and completed each registration of ownership transfer on the same day thereafter.

C. Meanwhile, on the other hand, Defendant B’s wife entered into a lease agreement with G on December 22, 2008 with regard to the real estate listed in the separate sheet No. 1 (hereinafter “102 Dong 102”) as of December 25, 2009, which was after the registration of the provisional disposition of this case, and occupied and used until now after obtaining a fixed date after obtaining a transfer from Defendant B along with Defendant B on February 25, 2009. Defendant C entered into a lease agreement with G on the real estate listed in the separate sheet No. 2 (hereinafter “102 Dong 403”) around March 18, 2009, and occupied and used until now.

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