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(영문) 부산지방법원 2015.07.22 2014나5552

건물인도 등

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On August 3, 2010, J completed the registration of ownership transfer on October 1, 2010 after receiving a successful bid of GJ, which is a multi-family housing of five stories above the land surface of the Busan Dong-gu, Busan District Court, Busan District Court, and completed the compulsory auction procedure. On July 27, 2010, J and H, while the compulsory auction procedure for the above real estate was in progress, drafted “a letter of performance of the right to the real estate” containing the purport that H, instead of J, exercises in good faith the power as an owner, such as the sale of Ba, establishment of a collateral security, establishment of a lease lease, and transfer of ownership.

B. On May 23, 2011, J sold the lending of the right to request the transfer of ownership to Dae-do Co., Ltd., and on October 27, 201, Dae-do Co., Ltd. completed the principal registration based on the provisional registration of the right to request the transfer of ownership.

C. On November 29, 2012, the Plaintiff was awarded a successful bid for the instant real estate, which was No. 201, in the Busan District Court D’s auction procedure, and completed the registration of ownership transfer on November 29, 2012. H, on March 2, 2012, asserted that he was the construction cost creditor who was awarded a bid for the said loan, and reported a lien in the auction procedure for the said real estate rental.

The Defendants received delivery of the instant real estate from H, which reported a lien as above, to H’s father and in a fraudulent manner, and occupied and used it from June 23, 201.

E. Around September 30, 201, monthly rent of the instant real estate was assessed to the extent of KRW 375,000.

[Ground of recognition] Unsatisfy, Gap evidence 2, 6, Gap evidence 7-3, Gap evidence 8, Eul evidence 43, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, unless the Defendants prove that he had a legitimate title to possess the instant real estate, such as H’s above lien, etc., the Defendants deliver the instant real estate to the Plaintiff. From November 29, 2012 to November 29, 2012, the Plaintiff acquired the ownership of the instant real estate, KRW 375,000 per month from November 29, 2012 to the completion date of delivery.