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(영문) 부산지방법원 2016.11.30 2015가단62261
양수금등
Text

1. The Plaintiff:

A. Defendant B, C, D, and E respectively, and Defendant B with respect to each of them from November 12, 2016.

Reasons

Basic Facts

On December 20, 2012, the Plaintiff, along with I, J, K, L, M, N,O, and P, paid the purchase price upon obtaining a decision to permit the sale of the multi-family house with Q 4rd ground (hereinafter “instant building”) and the multi-family house with R 4rd ground (hereinafter “instant building”) in the auction procedure for real estate rent on December 20, 2012, and completed the registration of ownership transfer on February 1, 2013.

On July 8, 2013, the Plaintiff acquired the right to claim damages from the co-owners of the building Nos. 1 and 2 of this case, including I, to the Defendants. The date the duplicate of the application for the payment order of this case containing the intent of the assignment of claims reaches the Defendants is as listed below.

[Attachment 1] On July 23, 2015, the date of arrival of the defendant 1 B B, July 23, 2015, D on November 3, 2015, December 4, 2015, 2015, F on November 5, 2015, July 6, 2015, H on November 7, 2015, the plaintiff was ordered to deliver each of the real estate by the Changwon District Court branch on April 9, 2013.

The Defendants filed a suit against the Plaintiff by the Changwon District Court Tongwon Branch 2013Gahap933, asserting that they acquired a lien on the instant Nos. 1 and 2, and in the process of the said lawsuit, the Defendants did not transfer possession of the instant Nos. 1 and 2 to the Plaintiff from the preparatory document dated March 11, 2014, and stated that they continued to occupy the instant building.

In the first instance of the said lawsuit, the judgment dismissing all the claims of the Defendants (Supreme Court Decision 2013Gahap993 Decided April 17, 2014) was rendered. The appellate court rendered a judgment dismissing the Defendants’ lawsuit (Supreme Court Decision 2014Na1501 Decided June 11, 2015), and the said judgment became final and conclusive.

The status of the Defendants’ possession of the instant Nos. 1 and 2 and the monthly rent for the pertinent part are as listed below.

[Attachment 2] The monthly rent No. 1 B for the occupied household of the Defendant-owned building No. 301, No. 352,000 No. 2 C, No. 302,000 3D 1, a building of this case.

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