건물명도(인도)
1. The Defendants jointly do so to the Plaintiff:
(a) deliver each real estate listed in the separate sheet;
(b) from March 1, 2016.
1. Basic facts
A. Ownership change 1) A Co., Ltd. (hereinafter “instant building”) on February 1, 2008, the real estate listed in the separate sheet (hereinafter “instant building”) on February 1, 2008.
(2) On February 1, 2008, the Plaintiff completed the registration of ownership transfer on the ground of the attribution of trust property (hereinafter “instant ownership transfer”) on December 22, 2007.
B. On March 30, 2008, the Plaintiff entered into a lease agreement between the Plaintiff and E (Defendant B’s mother, Defendant B’s agent, and Defendant B’s agent) and the instant building. On May 19, 2008, the Plaintiff entered into a settlement prior to filing a lawsuit (U.S. District Court Sungnam Branch 2008.63) with the following details.
Reconciliation Clause
1. E shall pay from April 30, 2008 to the Plaintiff KRW 15,00,000 and interest KRW 30,000,00 each month.
2. If E does not pay the above rent and its funds for at least two months, E shall immediately issue an order for the instant building.
C. The Defendants, including the possession of the instant real estate by the Defendants, occupy the said building from February 23, 2016 to February 23, 2016.
The Defendants: (a) purchased the instant building from Suwon District Court Decision 2016Gahap201070, “The Defendant purchased the instant building from D in the purchase price of KRW 4,000,000; (b) however, the Defendants concluded a title trust agreement with the Plaintiff, who was unable to obtain a loan under the Defendants on the ground of credit rating, etc.; (c) completed the registration of ownership transfer on the instant building in the Plaintiff’s name; and (d) Company D, the seller, was also aware of such circumstances. Therefore, the ownership transfer registration in the Plaintiff’s name, claiming that “the registration of ownership transfer in the instant case in the Plaintiff’s name is invalid as a registration under an invalid title trust agreement, and thus, sought the cancellation of the ownership transfer registration