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(영문) 대구지방법원 2015.01.13 2014가단16156

건물명도 등

Text

1. Defendant C is each point of the Plaintiff and each point of the attached Form 1, 2, 16, 15, and 1 among the first floor of the real estate listed in attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff purchased the instant real estate from Defendant C, and completed the registration of ownership transfer thereof in the name of the Plaintiff on August 23, 2013.

B. Defendant B resided in the second floor of 83.74 square meters among the instant real estate, and occupied the instant real estate. Defendant C occupies the part as indicated in paragraph (1) of this case’s order among the instant real estate, and Defendant C occupies the part as indicated in paragraphs (a), (b), and (c) of this case’s order. Defendant D occupies the part as indicated in paragraphs (d) and (e) of this case’s claim

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant C, Defendant C is obligated to deliver to the Plaintiff the part of the Disposition No. 1 (a), (b), and (c) of the instant real estate.

3. Determination as to each claim against Defendant B and D

A. The plaintiff asserts that the above defendants possessed the real estate of this case without any title. Thus, the plaintiff is obligated to deliver the part of possession of the above defendants to the plaintiff as owner.

As to this, the above Defendants asserted that the tenant who leased each of the above possession parts of the instant real estate from E, the former owner of the instant real estate, was impliedly renewed, so the Plaintiff, the assignee of the leased house, succeeded to the status of the lessor, and the Defendants were entitled to possess each of the leased parts of the instant real estate since the term of the lease has not expired until now, and therefore, they did not have the obligation to deliver the Plaintiff

B. Determination 1A) E purchased the instant real estate and completed the registration of transfer of ownership on June 8, 2004. On March 14, 2013, Defendant C completed the registration of transfer of ownership on the grounds of sale.

B. Defendant B shall have the deposit amount of KRW 30 million with respect to all the second floor of the real estate E and the instant real estate on May 25, 2007, and the period is not specified.