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(영문) 서울고등법원 2015.01.23 2013나2006665

건물명도 등

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. All of the plaintiffs' claims against the defendant.

Reasons

1. Facts of recognition;

A. The plaintiff A shall attach N on April 3, 2008

1. On September 28, 2010, the Seoul Central District Court (2010Kahap2228) purchased 55/100 of the building indicated in the indication of real estate (hereinafter “instant building”). On September 28, 2010, the Seoul Central District Court rendered a provisional disposition that prohibits sale, donation, lease on a deposit basis, mortgage, establishment of a right to lease, and all other disposal actions with respect to N’s share as a preserved right.

B. On September 30, 2010, the entrustment of the registration of provisional disposition pursuant to the above provisional disposition. The registration of preservation of ownership in the Plaintiff’s name relating to the portion of 45/100 among the instant building and the registration of preservation of ownership in the name of N relating to the portion of 5/100 was completed, respectively. On the same day, the provisional disposition registration in the Plaintiff’s name was completed in accordance with the above provisional disposition order (hereinafter “the provisional disposition registration in this case”).

C. On January 31, 2012, Plaintiff A completed the registration of ownership transfer for reasons of sale on April 3, 2008 with respect to the above 55/100 of the instant building.

The defendant 3-A of the building of this case among the buildings of this case since before the plaintiff A acquired the ownership of the building of this case from the date of closing argument.

The part of No. 706 (hereinafter referred to as "No. 706") in the port is occupied.

E. From August 23, 2012 to November 30, 2012, rent of KRW 706 is equivalent to KRW 306,00 per month.

F. On November 21, 2012, the Plaintiffs concluded a real estate security trust agreement with the succeeding intervenors (hereinafter “Successor Intervenor”) and completed the registration of ownership transfer for each of the said shares with respect to the succeeding intervenors. Moreover, the Plaintiffs transferred the right to preserve and manage the instant building to the succeeding intervenors.

The succeeding intervenor participated in the succession from the trial court to the reason of this.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 14 (including paper numbers), the result of appraisal by the appraiser of the first instance court, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims