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(영문) 인천지방법원 2017.10.26 2015가단243407
손해배상(기)
Text

1. The Defendants jointly share KRW 12,884,475 with respect to the Plaintiff and the period from December 5, 2015 to October 26, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired the Plaintiff’s ownership due to a compulsory auction by official auction of real estate (hereinafter “instant land”), which was owned by D, completed the registration of ownership transfer on July 7, 2015, with respect to the land mobile buildings ( underground 1st floor, 189.0 square meters, 184.1 square meters, 184 square meters, 184.1 square meters) located on the ground of the instant land ( underground 1st floor, 73.35 square meters, 143.64 square meters, 143.64 square meters, 2015) due to the sale due to the compulsory auction by official auction of real estate.

B. Defendant C entered into a lease contract and chonsegwon contract (1) with D on October 4, 2008 with respect to ① KRW 10,000,000 with respect to the deposit with respect to the land-based 126 square meters (hereinafter “instant restaurant”); the lease period from the delivery date to October 3, 2010; ② January 1, 2009 with respect to the entire building non-Dong-dong building on the instant land (hereinafter “the instant apartment”) (hereinafter “the instant apartment”), the lease period from the delivery date to December 31, 201; and ③ the lease period from December 26, 201 to the delivery date to December 184, 204 (hereinafter “the instant apartment”); and the lease period from the delivery date to the delivery date to December 31, 2001; and each of the instant housing deposit was paid with respect to KRW 30,000,000,000 with respect to the instant land-based 184 square meters (hereinafter “the instant apartment”).

Each of the above lease agreements has been renewed at the expiration of the period and maintained until the compulsory auction.

(2) The Defendants had the opposing power stipulated in the Housing Lease Protection Act and the Commercial Building Lease Protection Act with respect to the instant housing, restaurant, and Moel (hereinafter referred to as the “instant three real estate”) and jointly operated the instant restaurant and Moel while residing in the instant housing.

(3) Meanwhile, in order to secure the return of the total amount of KRW 80,000,000 as to each of the instant real property, the Defendants are jointly leased objects with D.

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