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(영문) 대전지방법원 서산지원 2017.02.21 2016가단7236

건물인도

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), C shall complete the registration of ownership transfer on September 8, 199; and D Co., Ltd. (hereinafter “D”) on October 9, 2002; and E, August 29, 2005; and the Plaintiff completed each registration of ownership transfer on September 5, 2014.

B. On December 11, 2008, the Defendant completed the move-in report with the instant real estate, and on March 13, 2012, the location of the instant real estate was the location of the business and completed the business registration (the type of business: manufacturing, wholesale, and product brokerage, type: V, width, steel delivery, and other trade) with the trade name F.

The defendant currently occupies the real estate of this case.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 (including paper numbers), Gap evidence Nos. 3 through 5, witness G's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff completed the registration of ownership transfer on the instant real estate pursuant to the sales contract with E, the former owner of the instant real estate, and H or H, the mother, as the representative director, is the Plaintiff Company I (hereinafter “I”).

(2) The Defendant did not conclude a lease agreement with E on the instant real estate, and even if a lease agreement was concluded, the said lease agreement is not applicable to a lease agreement on a factory, other than a residential building. Therefore, the said lease agreement cannot be asserted against the Plaintiff under the said lease agreement.

B. The summary of the Defendant’s assertion 1) The Plaintiff’s mother’s mother, the Plaintiff’s mother, was liable to Company I, the representative director, and the Plaintiff completed the registration of ownership transfer with respect to H and the instant real estate under the name of the Plaintiff, and then disposed of the instant real estate and settled the debt and receive a refund of the remainder. Since the registration under a title trust agreement is null and void, the Plaintiff, the title trustee, is not the owner of the instant real estate. 2) The Defendant and the E on December 11, 2008.