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(영문) 서울동부지방법원 2015.10.15 2014가단27136

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. The International Asset Trust Co., Ltd. (hereinafter “instant real estate”) received the registration of transfer of ownership based on the same date trust from C on August 16, 2012 and received on May 19, 2014 from the Plaintiff on May 19, 2014.

3.18.The registration of transfer of ownership was completed on the ground of sale.

B. The Defendants possessed the instant real estate at the time of the closing of the instant argument.

[Ground of recognition] The fact that there is no dispute, Gap 1-3, and the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendants have the duty to deliver the real estate stated in the disposition to the plaintiff as the owner.

B. Determination as to the Defendants’ assertion 1) It is insufficient to recognize that D’s assertion D, and C, on October 15, 201, contracted with KRW 497,027,30, and completed construction works of one building including the instant real estate, but failed to receive KRW 250,808,800, the price was paid, and thereafter acquired a lien. ① The Defendants assigned a lien to the Defendants on the remaining part other than the one of the instant real estate, or leased the instant real estate to Defendant B with the prior consent of C. (2) The evidence submitted by the Defendants alone is insufficient to acknowledge that D entered into a contract on the transfer of the lien to the Defendants. Moreover, it is difficult to obtain only a lien, which is a secured security right, without having acquired the secured claim, from the Defendants, and it cannot be seen that D transferred the construction cost, which is a secured security right, to the Defendants, and notified the debtors, or obtained the consent of C’s lawful possession of the leased property without the consent of C’s owner.