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(영문) 서울중앙지방법원 2016.08.17 2015가단5340043

건물명도

Text

1. The Plaintiff:

A. Defendant B is the third floor of 164.32 square meters among the buildings listed in the attached list of real estate;

B. Defendant C Co., Ltd.

Reasons

1. Facts of recognition;

A. On March 6, 2002, the registration of ownership transfer for the building listed in the attached list of real estate (hereinafter “instant building”) was made on March 6, 200, with D and E as co-owners (one-2 shares of each ownership), and among which, on December 2, 2014, the registration of ownership transfer was made on the ground of “sale on November 17, 2014” in the name of the Plaintiff.

B. Defendant B is the mother of D and E, and the third floor of the instant building occupies 164.32 square meters among the instant buildings.

C. Defendant C et al. (hereinafter referred to as Defendant C et al.)

A) On November 10, 2014, between D’s agent and Defendant B, a lease contract was concluded with respect to the fourth floor 164.32 square meters of the instant building among the instant buildings, and is currently in possession thereof. [The purport of each entry in evidence No. 1, No. 2, No. 1, and No. 1, and all pleadings, based on recognition, are as follows.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Plaintiff is a co-owner of the building of this case who seeks to preserve the name as a co-owner of the building of this case, and Defendant B is obligated to do so with the third floor of this case and the 164.32 square meters of the 4th floor of this case among the buildings of this case.

B. Determination as to the Defendants’ assertion 1) Defendant B’s assertion: (a) the actual owner of the instant building is Defendant B, and both Defendant B and D are merely the title trustee; (b) the Plaintiff’s share that was transferred from the title trustee E is ultimately cancelled; and (c) Defendant B, as the actual owner of the instant building, has the right to use and profit from the instant building; and (d) Defendant B, under the implied approval of D and E prior to acquiring the 1/2 share of the instant building, was occupying the 3rd floor of the instant building, and continued possession until now; and (e) Defendant B is deemed to have legitimate possession, and thus, the Plaintiff’s claim is unreasonable, but there is no evidence to acknowledge each of the above claims by Defendant B.2).