건물명도
1. Defendant (Appointed Party) and Appointed C jointly provide that the Plaintiff shall:
(a) deliver the buildings listed in the separate sheet;
1. Basic facts
A. The building indicated in the attached list (hereinafter “instant building”) was owned by D Co., Ltd. (hereinafter “D”). On March 17, 2014, the Plaintiff purchased in the public sale process and completed the registration of ownership transfer on April 3, 2014.
B. On April 9, 2012, the selector is a person who was investigated as a lessee of the instant building (hereinafter “E real estate”) in the process of the above public sale, and on September 12, 2013, the term of lease on the instant building was from July 1, 2012 to July 1, 2016, and completed business registration by having the trade name registered as the “E Real Estate Brokerage Office”.
C. On December 28, 2011, the Defendant filed a move-in report on the instant building. Around November 2013, the Defendant had a claim for the construction cost of the instant building in the said public sale procedure, and the Defendant occupied and resided in the instant building from December 28, 2011, and submitted a move-in report.
[Based on recognition] Gap evidence Nos. 1-5, 14 (including various numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 5, and 15 and the purport of the whole pleadings
2. Determination as to the request for delivery of the instant building
A. The Plaintiff, as the owner of the building of this case, seeks to deliver the building of this case to the Selection and the Defendant on the basis of ownership. The Selection and the Defendant shall deliver the building of this case to the Plaintiff unless it proves that they have legitimate authority to possess the building.
B. On February 2, 2012, the first bidder asserts that even though he/she entered into a lease agreement with D on February 2, 2012, the contract was rescinded due to the failure to pay the lease deposit, and that there was no lack of possession of the instant building.
However, if the facts found earlier are added to the respective descriptions, images, and arguments in Gap evidence Nos. 11, 14, and Eul evidence No. 16, from February 2010 to the present building, the fact that the signboards installed by the designated person from February 2, 2010 to the present date are being run, the designated person maintains the business registration of the present building up to the present date, and the defendant around April 27, 2014.