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1. The defendant shall receive KRW 450,000,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. B, the former owner of the real estate listed in the separate sheet (hereinafter “the instant real estate”) stated in the separate sheet, concluded that C had completed the registration of establishment of a mortgage on October 18, 2010 with respect to the instant real estate, at the time of obtaining a loan from the Industrial Bank of Korea as a collateral for business funds (the maximum debt amount was changed to KRW 921,60,000 (the subsequent change to KRW 552,00,000) and the debtor C’s establishment of a mortgage.
(hereinafter referred to as the “mortgage”) shall be the “mortgage” of this case. (b)
After that, on May 10, 2012, upon the application for voluntary auction by the Industrial Bank of Korea, the procedure of voluntary auction was commenced on the instant real estate, and the Plaintiff paid the bid price after receiving a successful bid on May 6, 2015 at the above auction procedure and completed the registration of transfer of ownership under the name of the Plaintiff on May 29, 2015.
C. Meanwhile, between B on November 9, 2006 and B, the Defendant entered into a lease contract with the term of 450,000,000 won for the instant real estate, and the term of lease from December 13, 2006 to December 13, 2008 (hereinafter “instant lease contract”). The Defendant paid the full amount of the lease deposit at that time and received the transfer of the instant real estate, and received the fixed date on the same day after completing the move-in report on December 20, 2006.
While the instant lease contract was implicitly renewed, B requested the Defendant to deliver the instant building on the ground of the termination of the instant lease agreement, the copy of the complaint filed on March 6, 2015, the main district court of Chuncheon District Court Decision 2015Gahap5404, supra, was served on the Defendant around that time.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, and evidence 6, purport of the whole pleadings]
2. Determination:
A. The Plaintiff’s assertion summary terminated by delivering to the Defendant a copy of the complaint in the instant lease agreement No. 2015da5404, supra, including the Plaintiff’s expression of intent to terminate the contract under B, and the substantial lessee under the instant lease agreement is the Defendant.