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(영문) 부산지방법원 2015.01.15 2014가단216603

건물명도

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1. Defendant Industrial District Co., Ltd. shall indicate, among the real estate listed in the attached Form, the attached Form No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the instant real estate owned B from December 28, 2013, and completed the registration of ownership transfer on March 17, 2014.

B. Defendant Industrial District Co., Ltd. (hereinafter “Defendant Industrial District”) occupied and used the instant real estate leased from B around April 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, unless there are any special circumstances, Defendant Busan District Court has a duty to deliver the instant real estate to the Plaintiff, the owner of the instant land.

B. The Plaintiff also sought the delivery of the instant real estate to the Defendant Seosan District Housing Association Promotion Committee, but it is not sufficient to acknowledge the Plaintiff’s possession of the instant real estate only with the statement of the evidence No. 5, and there is no other evidence to acknowledge it. The Plaintiff’s above assertion is without merit.

3. Defendant U.K.’s assertion and determination of Defendant U.K. asserted to the effect that the Plaintiff cannot be seen as the owner of the instant real estate since it transferred ownership in the future of the Plaintiff in the status where the provisional disposition registration by Hyundai Metal Co., Ltd. was completed with respect to the instant real estate.

According to the evidence No. 1 of this case, the court below's decision of provisional disposition was made on December 27, 2012 by Busan District Court 2012Kadan12849 as to the real estate of this case as the right to be preserved for the right to claim the registration of establishment of a neighboring registration of Hyundai Metal Co., Ltd. was completed on the same day, and the above provisional disposition registration was completed on the same day, each of the facts that the ownership of this case was transferred to the plaintiff in the status of the above provisional disposition registration was completed, but the effect of provisional disposition is merely the relative effect between the applicant party and his successor, and thus, the above provisional disposition is taken by Defendant Busan, who is not the applicant party or his successor.