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(영문) 수원지방법원 2018.11.16 2018가단1915

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet;

B. Defendant C and D are above.

subsection (b).

Reasons

1. Facts of recognition;

A. On August 2, 2010, E completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”) in its name.

B. On October 5, 2010, E entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with respect to the instant building, site, etc. with the K non-real estate trust company (hereinafter “K non-real estate trust”). On the same day, E completed the registration of ownership transfer based on the instant trust agreement with respect to the instant building.

C. F and 12 others completed the registration of ownership transfer based on sale on October 30, 2017 with respect to each of 1/13 shares in the instant building on December 5, 2017, and the Plaintiff completed the registration of ownership transfer based on sale on the same day on November 28, 2017.

Defendant D is the husband of Defendant B, and Defendant C is the husband of Defendant B, and the Defendants are also residing in the instant building until the date of the closing of the argument in this case.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4 (including each number, hereinafter the same shall apply), Eul's 3, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the owner of the building of this case is the plaintiff, and the possessor of the building of this case is the defendants, and as requested by the plaintiff, the defendant B delivers the building of this case to the plaintiff, and the defendant C and D are obliged to leave the building of this case.

3. Determination as to the defendants' defense

A. The Defendants asserted 1) The Defendants were residing in the above building after entering into a lease agreement with E on October 31, 2015, and paid 70,000,000 won to E. The Defendants cannot comply with the Plaintiff’s request for the delivery of the instant building until the said lease deposit is refunded.