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(영문) 서울동부지방법원 2016.08.23 2015가단124485
건물명도
Text

1. The defendant is paid KRW 160 million from the plaintiff, and at the same time, the real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition [based on recognition: Fact that there is no dispute, entry of Gap evidence 1, 2, Eul evidence 1 through 20, witness C and D respectively, the purport of the whole pleadings and arguments];

A. On November 7, 2001 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership preservation was completed under the title E on September 27, 2006, and the registration of ownership transfer was completed on September 27, 2006 due to the sale on September 21, 2006. On September 3, 2012, the registration of the establishment of a neighboring mortgage, which is the debtor, C, and a mortgage savings bank, was completed.

B. On October 30, 2013, upon the application of a more K Savings Bank Co., Ltd., a mortgagee, the instant real estate commenced a voluntary auction procedure with the Seoul Eastern District Court F. The Plaintiff awarded a successful bid for the instant real estate in the said voluntary auction procedure and paid KRW 74,44 million on May 13, 2015, and accordingly, on May 18, 2015, the registration of ownership transfer was completed in the name of the Plaintiff on the instant real estate.

C. 1) G (the Defendant was married on December 27, 1997 with G and the Defendant was married on September 10, 2012, and the agreement was married on September 10, 2012.

Around April 2004, E entered into a lease agreement with the former owner of the instant real estate in KRW 110 million. On March 30, 2004, E entered into a lease agreement with the former owner of the instant real estate in KRW 30 million. On April 20, 2004, E deposited KRW 30 million with the account under the name of E, and on April 20, 2004, with KRW 30 million with the account under the name of E, and the remaining deposit began to reside in the instant real estate after being delivered the instant real estate with the Defendant and his family members, including the Defendant. (2) On February 5, 2008, G deposited KRW 130 million with the owner of the instant real estate (E's omission, D's husband), and deposited the deposit in the name of KRW 30 million from February 5, 2008 to 300,3000,203308.

3 G is between G and C on February 5, 2011.

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