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(영문) 서울중앙지방법원 2017.07.14 2016가합537655

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The plaintiff asserts that the defendant possesses the real estate listed in the annexed Form to his own possession, and sought the transfer of the above real estate to the defendant. Accordingly, the defendant asserts that there is a legitimate title to possess the above real estate as a legitimate sub-lessee.

The facts that the plaintiff is the owner of the real estate indicated in the separate sheet, and the facts that the defendant currently occupies the above real estate do not conflict between the parties, but in full view of the respective entries and arguments in Eul evidence Nos. 4, 5, 11, 12, and 13, the defendant's intervenor (including value-added tax) purchased the above real estate from the plaintiff on January 25, 2014. ② The plaintiff and the defendant's intervenor agreed that the defendant's intervenor occupied and used the above real estate at the price of sale, the part of the rent that the defendant's intervenor leased the above real estate at that time, and agreed that the plaintiff would directly receive a specified amount of the monthly rent from the plaintiff. ③ The defendant's defendant's intervenor agreed that the above real estate was leased to D on January 13, 2014, with the right to use and profit from the lease deposit, monthly rent of KRW 2,000,000,000,000 for the defendant's intervenor to the defendant.