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(영문) 울산지방법원 2013.07.19 2012가단38635
건물명도 등
Text

1. The defendant shall deliver C the buildings listed in the attached list to C.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff filed a payment order with the Ulsan District Court 2004Da2418, Yangsan District Court 240,000 won for the Plaintiff Co., Ltd. (formerly changed: D: hereinafter referred to as “C”) to pay the total amount of KRW 134,70,000 for the goods price, etc., and the payment order was issued on May 25, 2004 and the payment order was finalized on June 15, 2004.

B. The entire E commercial buildings and apartment complexes, including buildings listed in the separate sheet (hereinafter “instant commercial buildings”), have been completed by C to make a registration of preservation of ownership. The F entered into a sales contract with C on February 20, 199 and completed the registration of the right to claim the transfer of ownership in the name of F on the ground of the pre-sale agreement as the pre-sale agreement pursuant to Article 10651 on March 23, 199, by making the pre-sale agreement as the pre-sale agreement with C on February 20, 199.

C. On December 1, 200, the Defendant entered into a lease agreement with F on a deposit of KRW 5 million and KRW 100,000 for KRW 2.15,000 for the instant commercial building. On December 30, 2003, the Defendant succeeded to the status of G, a lessee, and entered into a lease agreement with F, setting the same deposit and monthly rent as that of the said lease agreement as that of the said 215.

From the above point of time, the Defendant is operating a general restaurant with the trade name “H” while occupying the commercial building of this case.

C In the case of E commercial buildings and apartment complexes, including the instant commercial buildings, no particular property can be found. On the other hand, the entire E commercial buildings and apartment complexes including the instant commercial buildings, including the Republic of Korea, Yang City, Yangnam Agricultural Cooperatives, and Gyeongnam Bank, are completed in the name of C such as the Republic of Korea, Yangnam Agricultural Cooperatives, and Gyeongnam Bank. At the time of the Plaintiff’s filing of the lawsuit, C already bears obligations to the creditors in excess of about KRW 10 billion.

E. The plaintiff is C.

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