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(영문) 서울서부지방법원 2018.11.30 2017가단236865

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

(b) 13,855.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. 1) C (Death on February 4, 2012) between the wife D and E, F, G, and Defendant were employed. 2) The Plaintiff and H are the Defendant’s children of E (Death around October 2016).

B. 1) C consists of multi-households on the ground of Eunpyeong-gu Seoul Metropolitan Government I land [total 5 households (Jhoho, K, L, M, and N), among which Nho is real estate listed in the separate sheet (hereinafter “instant real estate”).

hereinafter referred to as “multi-household housing in this case”

2) On December 19, 2003, the provisional registration on February 3, 201, 201 was cancelled on the following day: (a) the ownership transfer registration on the ground of donation was completed on December 16, 2003 in the name of E on December 19, 2003 for the instant multi-household housing among multi-household housing; and (b) the provisional registration on the right to claim transfer on December 16, 2003 in the name of C was completed on December 16, 2003.

3) On February 3, 2012, the day before the death of C, the registration of transfer of ownership was completed due to donation on January 31, 2012 under the name of E as of February 3, 2012. (c) On June 20, 2012, the Defendant F, who was a dynamic of E and the Defendant, prepared relevant documents against E on June 20, 2012 by stealing using the seal imprint, etc. of C, which is the day before the death of E, thereby arbitrarily preparing the relevant documents, and filing a lawsuit claiming for the registration of transfer of ownership, etc. under the name of C among the instant multi-household housing, the registration of claim for transfer of ownership was revoked, and with respect to the instant real estate in the name of K and L, the Seoul Western District Court filed a lawsuit claiming for the registration of transfer of ownership, etc. under the name of H-ho2 or 27844.

2) On August 17, 2012, the said court referred the instant case to the conciliation and conciliation proceedings (Seoul Western District Court 2012 Ma4788 from the Seoul Western District Court 2012 Ma4788 to November 22, 2012). 1. E participates in the conciliation and conciliation proceeding between the Defendant and G as the Intervenor to the conciliation and conciliation proceeding, and 1/3 shares in the instant multi-household housing among the Defendant, F and G.