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(영문) 서울남부지방법원 2016.06.08 2015가단215827

건물명도

Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

Facts of recognition

On October 31, 2007, Nonparty B completed the registration of ownership transfer with respect to the real estate listed in the attached Form No. 804 (hereinafter “instant real estate”) of Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”).

On May 8, 2013, the current status of the real estate and the investigation into the possession relation prepared in the procedure for compulsory auction commenced as D of this Court on May 8, 2013, are stated as follows: “The possession relation is owned by the debtor (owner), and some of the owners are occupied by the lien holder; the current status of the real estate: The defendant (mutual E) is in possession of the claim of KRW 200 million, such as the construction cost, and the said auction procedure was dismissed by compulsory auction on November 19, 2013.

After that, on June 24, 2014, the procedure for compulsory sale by official auction was initiated at the court F (hereinafter “instant auction procedure”). On December 30, 2014, the Defendant reported the right of retention on KRW 117,000,000 for internal facilities and the interior project cost as a result of attaching a contract document for construction works (Evidence B No. 1; hereinafter “instant construction contract”) and a written consent for the transfer of possession of real estate and the lease agreement (Evidence B; hereinafter “the written consent for the transfer of this case”).

In the instant auction procedure, the current status of real estate and the investigation report on possession relation, which was prepared at the instant auction procedure, are indicated as “The current status of real estate: The owner and occupant cannot be found due to the absence of closed door, and thus, the entrance of the entrance to the entrance and the

The Plaintiff purchased the instant real estate in the instant auction procedure and completed the registration of ownership transfer on February 23, 2015.

The defendant currently asserts the right of retention and occupies the real estate of this case.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 10 evidence, Eul 1 to 5 evidence (including branch numbers; hereinafter the same shall apply).