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(영문) 수원지방법원성남지원 2016.04.06 2015가단218265
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, the indication of the separate sheet No. 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Facts of recognition;

A. On June 30, 2010, the Plaintiff entered into a loan agreement with the Defendant as to the real estate listed in the Disposition No. 1-A (hereinafter “instant real estate”) from August 5, 2010 to August 4, 2013, with the annual rent of KRW 22,120,00 (Additional Tax Separate), and issued a transfer of the instant real estate to the Defendant. On August 26, 2013, the Plaintiff again entered into a loan agreement (hereinafter “instant loan agreement”) with the annual rent of KRW 22,120,00 (Additional Tax Separate Tax) (hereinafter “instant loan agreement”).

B. On May 26, 2015, the Defendant requested the Plaintiff to extend the instant loan agreement period. However, on June 2, 2015, the Plaintiff decided not to extend the instant loan agreement to the Defendant any longer.

C. The Plaintiff filed an application with the Defendant for a provisional disposal of real estate under the name of the instant real estate as the court No. 2015Kahap600135, and executed the transfer after receiving the decision of acceptance.

On October 23, 2015, the Plaintiff notified the Defendant of the payment of KRW 4,59,750 for indemnity from August 30, 2015 to October 20, 2015 under Article 81 of the Public Property and Commodity Management Act, and KRW 757,80 for management expenses on October 29, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1 through Gap evidence 3, Eul evidence 1 through Eul evidence 3 (including branch numbers), the purport of whole pleadings

2. The defendant asserts that the lawsuit in this case is unlawful as there is no legal interest in the lawsuit, since the judgment of the court on the previous defense in this case was delivered the real estate in accordance with the provisional disposition on the real estate name.

The plaintiff's restoration of possession of the real estate of this case as of the date of the provisional disposition is recognized as above. However, the right to preserve the real estate of this case is legally established when the debtor performed his/her obligation regardless of the lawsuit or performed his/her obligation as it became final and conclusive that the preserved right exists in the lawsuit on the merits.

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