건물인도 등
1. The defendant shall leave the building indicated in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Basic facts
A. On June 25, 2015, the Defendant was declared bankrupt by the Daegu District Court 2014Hadan3478, and C was appointed as the trustee in bankruptcy.
B. On June 8, 2018, the Plaintiff entered into a sales contract with C, a trustee in bankruptcy, with respect to “2,00,000,000 won for the instant land” (hereinafter “instant sales contract”) with respect to “28.5 square meters for the land in Daegu-gu D, Daegu-gu, and the land E-gu, Daegu-gu (hereinafter “instant land”) and KRW 47.2 square meters for the instant building” (hereinafter “instant building”).
C. Meanwhile, the building of this case is composed of “a wooden sap assessment unit” in the copy of the register, and “a wooden sap 6 square meters and 21.82 square meters in the building register and 5.75 square meters in the 1st floor wood/sap 21.82 square meters in the 1st floor and 5.75 square meters in the 1st floor.” The Defendant illegally extended the building of this case into “a cement brick house 40.04 square meters in the 40.04 square meters in the 1st of May 30, 2005 and the enforcement fine was imposed on Nov. 10, 2005 in the Jung-gu Seoul Metropolitan City office, the building of this case was registered as the building in violation.
Therefore, although the Plaintiff paid the price for the instant sales contract on June 29, 2018, the Plaintiff completed the registration of ownership transfer under Article 130624 of the Daegu District Court’s receipt of the registration office of the Daegu District Court on September 3, 2019 only for the instant land. As to the instant building, the registration of ownership transfer was not completed due to its violation.
E. The defendant continuously resided in the building of this case and occupied and used it.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to leave the building of this case unless it proves that there is a legitimate title to possess the building of this case, and the defendant does not leave the building of this case.