beta
(영문) 수원지방법원안양지원 2014.08.26 2013가단108356

건물명도

Text

1. The defendant shall deliver buildings listed in the separate sheet to the plaintiffs.

2. The Defendant from September 13, 2013 to the Plaintiffs.

Reasons

1. Basic facts

A. A. Around October 15, 1996, D completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale and purchase on June 12, 1996. On the same day, D completed the registration of ownership transfer for the instant real estate, the maximum debt amount was KRW 150 million, the Industrial Bank of Korea, and the debtor.

B. On January 15, 2013, the Suwon District Court rendered a voluntary decision to commence the auction on the instant real estate, and according to the appraisal list prepared in the above auction procedure, the appraised value of the instant real estate as of February 7, 2013 is KRW 171,00,000.

C. On September 13, 2013, the Plaintiffs, on the grounds of sale by voluntary auction, completed the registration of ownership transfer by designating the Plaintiffs as 1/2 co-owners, respectively.

On January 19, 199, the defendant was established with D as representative director for the purpose of waterproofing construction business, etc. The real estate in this case is the location of its principal office.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Eul evidence 1

2. As seen earlier, since September 13, 2013, the Plaintiffs owned 1/2 shares of the instant real estate from September 13, 2013, and the Defendant continued to possess the instant real estate. Therefore, if the Defendant did not have a legitimate title to possess the instant real estate, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, and to return unjust enrichment from the possession of the instant real estate.

With respect to the Defendant’s legitimate title to possess the instant real estate, the Defendant, upon establishing the Defendant on January 19, 199, leased the instant real estate owned D at KRW 50,00,000, and thereafter, asserted that the said lease was continuously renewed. Accordingly, according to each of the evidence Nos. 4 and 5, as to the instant real estate owned by D, the following facts are examined: (a) from January 19, 201 to December 2, 201.