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(영문) 서울북부지방법원 2014.06.25 2013가합2553
건물명도 등
Text

1. As to the real estate listed in the attached list, the defendant's right of retention shall be 336,322,700 won of the secured debt.

Reasons

Basic Facts

C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet on July 18, 2008 (hereinafter “instant real estate”), and set up a collateral of KRW 1,612,00,000 for the Gangwon Agricultural Cooperative.

On April 10, 2009, the Defendant leased the instant real estate by setting the lease deposit of KRW 100,000,000, monthly rent of KRW 8,000,000, and the lease term from May 1, 2009 to June 31, 201 (one-year extension thereafter) (hereinafter “instant lease contract”).

On April 15, 2010, the Gangwon-dong Agricultural Cooperative filed an application for a voluntary auction of real estate as C did not repay its obligation, and on the same day, the decision on the voluntary auction was rendered by the Seoul Northern District Court D (hereinafter “instant auction procedure”) upon the said application, and the decision on the voluntary auction was completed on the instant real estate.

On July 7, 2010, the Defendant reported the right of retention on the instant real estate, while having a claim of KRW 495,909,300, such as construction cost, in relation to the lease between C and C at the above auction court.

On March 27, 2013, the Plaintiff, E, and Shinsung Construction Co., Ltd. paid the sale price in the auction procedure of the instant case, and completed the registration of ownership transfer each 1/3 of the instant real estate.

[Ground of recognition] The non-contentious facts, Gap 1, 2, 3, 5, and 30 evidence, each of the parties' arguments, confirmation of the non-existence of lien, and the defendant's claim for delivery

3.(a)

1) The same lease contract as described in paragraph (f) (hereinafter “instant lease contract”)

In the instant lease agreement, the Defendant will continue to operate the sports center business after completing construction of old-age business facilities repair and replacement.

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