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(영문) 서울중앙지방법원 2015.08.18 2014가단5231883
건물명도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. B, on October 20, 209, leased the instant apartment from C (Representative D), the debtor and owner of the instant apartment, the object of auction, by setting the deposit amount of KRW 80,000,000 from October 30, 2009 to October 30, 201. As to the instant apartment, on February 10, 201, the period of existence of KRW 80,000,000, and the duration of the instant apartment was completed from February 10, 201 to October 30, 201, after completing the registration of establishment of the best right of lease with the person having chonsegwon as B, and obtained a fixed date of February 24, 2010.

B. As to the instant apartment, on February 24, 201, the establishment registration was completed over the lower priority than the registration of the establishment of the right to lease on a deposit basis with the debtor C and the mortgagee as the National Bank Co., Ltd., with the maximum debt amount of KRW 166,00,000.

C. On March 11, 201, the Defendant transferred the right to lease on a deposit basis from B, and on April 15, 201, as to the registration for the establishment of the right to lease on a deposit basis, the Defendant completed the additional registration for the alteration of the right to lease on a deposit basis, changing the duration of the right to lease on a deposit basis and the right to lease on a deposit basis, the Defendant as the Defendant, from February 10, 201 to October 30, 2014, and moved to the apartment of this case on September 26, 201.

In relation to the apartment of this case, in the voluntary auction procedure (hereinafter “voluntary auction procedure of this case”) commenced with the application based on the above right to collateral security by the National Bank of Korea (hereinafter “Cheongju District Court”), the defendant submitted to the Cheongju District Court on October 4, 2012, the above lease contract on October 20, 2009, the defendant’s resident registration record card and the above contract for the transfer of right to lease on March 11, 201, the above application for lease deposit: 80,000 won: From October 30, 2009 to October 30, 2014: the date of transfer: the date of the fixed date: The settlor of chonsegwon on October 26, 2011; the date of lease registration; the date of transfer; the date of lease registration; the date of lease registration; the date of lease registration; the date of lease registration; the date of lease registration; the date of lease registration; the date of lease registration; the date of lease registration; the date of lease registration;

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