건물명도(인도)
1. The judgment of the court of first instance is modified as follows.
The defendant shall provide the plaintiff with the real estate listed in the attached list.
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) started on February 17, 2003 and completed on March 29, 2006 and completed in sequence from March 29, 2006, is the executor of the Daejeon Pungdong-gu D, E, and H main apartment (hereinafter “H main apartment among the above apartment”).
B. On May 10, 2006, C entered into a real estate security trust agreement for the purpose of the security trust (hereinafter “instant trust agreement”) with the Plaintiff and the company engaged in the real estate security trust business, etc. on May 10, 2006 with respect to 106 apartment units of this case, including real estate in the attached list (hereinafter “instant apartment units J”), with the first beneficiary and C as beneficiaries, and completed the registration of transfer of ownership based on the trust agreement with respect to the instant apartment units J on May 1, 2006.
C. Meanwhile, on October 21, 2004, C contracted the instant apartment construction to the Defendant at KRW 578,600,000 for the construction cost. On October 28, 2004, the Defendant concluded a sales contract with respect to the instant apartment J in the name of the Defendant’s mother-friendly K for payment for the said construction cost, and completed the said construction, and thereafter, he was handed over on July 26, 2006 and used the instant apartment J until now.
【In the absence of dispute over the grounds for recognition, entry of Gap evidence 1, 2, Eul evidence 1 through 3 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to requests for the delivery of a building
A. According to the above facts as to the cause of the claim, the plaintiff acquired ownership by completing the registration of transfer of ownership based on the trust with respect to the apartment J-ho of this case. Thus, the defendant is obligated to deliver the apartment J of this case to the plaintiff, unless there are special circumstances.
B. As to the Defendant’s assertion, the Defendant’s assertion on the source of possessory right under the payment contract in kind (A) is about the household construction of the instant apartment.