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(영문) 인천지방법원 2018.03.15 2016가단255483
구분소유권 매도 등
Text

1. From 74,067,340 won to 74,067,340 won, Defendant B shall be from December 9, 2017 to the completion date of delivery of the building listed in the separate sheet.

Reasons

1. Basic facts

A. On November 10, 1995, an identity comprehensive construction corporation (hereinafter “new comprehensive construction”) completed the registration of creation of a mortgage over the first-order collective construction company, the debtor's identity, the debtor's identity, the registration of creation of a mortgage over the second-order collective construction company, the debtor's identity, the debtor's identity, the registration of establishment of a mortgage over the second-order collective construction company, the debtor's identity, respectively.

(hereinafter “each of the instant mortgage”). B.

On September 24, 1996, E Apartment 101, an apartment building on the ground of this case, was newly constructed on September 24, 1996, and on May 31, 2004, Defendant B completed the registration of ownership transfer as to the buildings listed in the separate sheet among the above apartment buildings (hereinafter “instant buildings”).

C. On December 6, 2012, Defendant B completed the registration of ownership and housing site rights in relation to shares 58.535/6 of the instant land (hereinafter “instant co-ownership”).

On the other hand, on December 29, 2008, the new mutual savings bank (hereinafter “new mutual savings bank”) completed the additional registration of the right to collateral security before the company was merged with respect to each of the instant mutual savings banks. In the voluntary auction case for which the new mutual savings bank applied to F of the Incheon District Court, the Plaintiff paid in full the sales price and completed the registration of ownership transfer due to the sale due to voluntary auction on December 9, 2015.

E. Defendant C is the spouse of G who, on November 9, 2012, leased the instant building from Defendant B for a period of two years from December 18, 2012, which was set from December 18, 2012, and removed.

Defendant B leased the instant building to H on November 3, 2017, around the time of the removal from the instant building by setting the lease deposit amount of KRW 5 million, KRW 400,000 per month, and KRW 1 year from November 27, 2017, which was around November 3, 2017, and H around that time the instant building was handed over from Defendant B.

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