(영문) 광주지방법원 목포지원 2018.01.10 2016가단56067

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(영문) 광주지방법원 목포지원 2018.01.10 2016가단56067

건물명도

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1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2006, Defendant B entered into a lease agreement with Nonparty B, the owner of the instant apartment, setting the lease term of the instant apartment as KRW 24 months from November 9, 2006, and the lease deposit as KRW 40,000. Defendant B and E again set the lease term of the instant apartment as KRW 24 months on November 9, 2008 (hereinafter “the instant lease agreement”).

3) After that, the instant lease agreement has been automatically renewed under the same conditions. (b) 1) E, with respect to the instant apartment, set up a collective security right of KRW 45,000,000 with respect to the instant apartment on January 7, 2010 to the Gwangju Metropolitan City Livestock Cooperatives (hereinafter “Magju Livestock Cooperatives”), respectively, and again, set up a collective security right of KRW 12,000,000 with respect to the instant apartment on February 2, 2012.

2) On March 9, 2015, upon filing an application for the Gwangju Festival, the procedure for the auction of real estate in the instant apartment as F of this Court with respect to the instant apartment (hereinafter “instant auction procedure”).

(3) On August 1, 2016, the Plaintiff: (a) purchased the instant apartment at the instant auction procedure and paid in full; and (b) completed the registration of ownership transfer on August 2, 2016. (c) Defendant B and his spouse, Defendant C, the spouse of the instant apartment, continued to reside until now after the delivery of the instant apartment around November 9, 2006.

2) The Defendants continued to have completed the move-in report on the instant apartment on November 1, 2007, and continued to be the domicile of the instant apartment, and obtained the fixed date in the instant lease agreement on July 25, 2012. [The grounds for recognition: (a) the facts that there is no dispute; (b) Gap’s evidence Nos. 1-4, A7, 8, Eul evidence No. 1, Eul evidence No. 1, Eul evidence No. 7-9 (including each number; hereinafter the same shall apply); and (c) the purport of the entire pleadings.

2. Determination:

A. The plaintiff of the parties asserted that the defendant B was E and the defendant B were false.

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