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(영문) 서울중앙지방법원 2016.11.17 2016가합539453
건물명도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Facts of recognition

On April 30, 2008, AM Development Co., Ltd. (hereinafter “AM development”) (hereinafter “AM development”) was granted a loan of 16.5 billion won from the Hyundai Swiss Savings Bank (hereinafter “SB Savings Bank”) at the interest rate of 10% per annum, and the due date of October 30, 2009 (hereinafter “SB Savings Bank”).

On December 30, 2009, AlM Development entered into a real estate security trust agreement (hereinafter “instant real estate security trust agreement”) with the Plaintiff on each real estate listed in the separate sheet (hereinafter “each real estate of this case”) as the first priority beneficiary with the Hyundai Swiss Savings Bank as the first priority beneficiary in order to secure the above loan obligation, and made a registration of ownership transfer on the same day to the Plaintiff on the same day.

Article 24 of the Real Estate Security Trust Contract of this case provides that where realization procedures are initiated against the trusted real estate, the truster shall deliver the trusted real estate to the trustee.

However, from June 30, 2011, AlM Development lost a benefit of time on July 30, 201 due to delinquency in payment of the interest on the above loans from June 30, 201, and on the ground of such nonperformance, Hyundai Swiss Savings Bank’s Realization on the ground of such nonperformance.

According to the Administration, the public auction procedure is in progress with respect to each real estate of this case.

On the other hand, on March 11, 201, AlM development entered into a lease agreement with the Defendant on each of the instant real estate as indicated below (hereinafter “instant lease agreement”).

Article 12(1)3 of the Lease Contract of this case, which is the sum of KRW 202,50,000,000 won, KRW 19,500,000,000 from March 24, 2011 to March 23, 2016, KRW 10,50,000,000, KRW 4.50,000,000, KRW 500,000,000, KRW 6.50,000,000, KRW 202,50,000,000, KRW 3.5,000,00,000,000, KRW 3.4,000,000,00.

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