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(영문) 수원지방법원 2012.04.03 2011가단35605

건물명도

Text

1. The Plaintiff:

A. Defendant B shall deliver the real estate listed in paragraph 1 of the attached list, and KRW 13,320,000, and January 1, 2012.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the whole purport of the pleadings as a whole in the entries in Gap evidence 1-1, 3, 5, 6, 2-1, 2, 4, 5, 3-2 of Gap evidence 1-2, 3-2, 4, 5, 3-2 of Gap, 4, 8, 5 Eul evidence 5 (including each number).

F With respect to each real estate listed in paragraphs 1 and 2 of the attached Table Nos. 3 and 4 of the attached Table Nos. 1 and 2 of the Suwon District Court, for which the preservation registration was made as owned by G, the F shall have the right to claim the transfer registration of ownership against G as preserved right, and shall have the right to claim the transfer registration of ownership against H as preserved right, and shall have been issued a provisional disposition prohibiting any disposal such as lease, etc. (hereinafter “instant provisional disposition”), and with respect to each real estate listed in the attached Table Nos. 209Kahap56, the provisional disposition registration was made on February 2, 2009.

B. After the provisional disposition of this case was issued, F, a provisional disposition creditor, filed a lawsuit claiming ownership transfer registration against G and H [the court of first instance, Suwon District Court 2009Da4056 decided, the Seoul High Court 2009Na109097 decided, the Supreme Court of final appeal 2010Da78814 decided on October 22, 2009, and subsequently completed the ownership transfer registration for each of the buildings of this case on the same day, and again completed the ownership transfer registration for the plaintiff on the same day.

C. Meanwhile, Defendant B’s wife entered into a lease agreement with G on December 22, 2008 with regard to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “102 Dong 102”) as indicated in the attached Table No. 1 (hereinafter “the attached Table No. 102”) and occupied and used until now after obtaining a fixed date by transferring it to Defendant B on February 25, 2009, which was after the registration of the instant provisional disposition. Defendant C is about the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “102 Dong 403”) between G and G around March 18, 2009.