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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2016.06.24 2015나46093
건물인도 등
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff was awarded a successful bid for the pertinent building in the procedure for compulsory auction (Seoul District Court D) on the instant building owned by C and completed the registration procedure for ownership transfer after paying the sale price on September 16, 2014.

B. Around July 1995, the Defendant entered into a lease contract with C by setting the lease deposit amount of KRW 39 million with respect to the building of this case. A move-in report was made on July 3, 1995, and the Defendant was living together with his family and re-contracted on July 2, 1999.

C. After that, the Defendant entered into a lease agreement with C and the lease deposit amount of KRW 54 million around July 3, 2003, and KRW 60 million around July 2, 2005, respectively.

On the other hand, the Busan District Court E on May 31, 2010 regarding the building of this case upon the obligee’s application of the Seoul Guarantee Insurance Co., Ltd., and the defendant paid the said money by subrogation to the Korea Housing and Commercial Bank around August 25, 2010 upon request of C to pay the remainder of C’s National Housing Fund loan 7,296,720 to the Korea Housing and Commercial Bank, which is the first mortgagee on the building of this case, in order to secure priority in the lease deposit for the building of this case.

The registration of the establishment of a neighboring mortgage of the Korea Housing and Commercial Bank was cancelled on the same day.

E. On August 25, 2010, the Defendant and C concluded a lease agreement to increase the lease deposit amount to KRW 70,000,000,000,000,000 for the preexisting lease deposit, taking into account the circumstances that the Defendant caused repayment on behalf of C, etc., and the date of the contract is July 2, 2005.

F. In the above E auction procedure, the Defendant filed an application for a report on rights and a demand for distribution from July 3, 1995 to the date of possession. The above application for a compulsory auction was dismissed as of December 1, 2010.

[Ground of recognition] Unsatisfy, A1, 2 evidence, and .

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