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(영문) 수원지방법원 2015.07.29 2014가단532176

건물명도

Text

1. The Plaintiff, the Defendant A, the attached list No. 1, the Defendant B, and the Defendant C, the same list.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner who received the registration of ownership transfer for reasons of trust on December 13, 2013 from Nonparty E Co., Ltd. (hereinafter “E”) on December 16, 2013 with respect to each building listed in the separate sheet.

B. Defendant A is in possession of the attached list No. 1, Defendant B is in possession of the attached list No. 2, and Defendant C is in possession of the attached list No. 3.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to deliver the buildings owned by themselves among each building listed in the separate sheet (hereinafter “instant building”) to the Plaintiff, except in extenuating circumstances.

3. Determination as to the Defendants and the Intervenor joining the Defendant (hereinafter “Defendant”)’s assertion

A. On July 9, 2013, the Defendant’s assertion by the Defendants (hereinafter “D”) entered into a construction contract on construction works on ten detached houses including E and the instant building (hereinafter “instant construction works”). Defendant A as the representative director of D, Defendant B and C, as an occupation assistant of D, exercises a lien on the instant building with the claim for construction cost as the secured claim.

The building of this case is a secured trust real estate, and the first priority beneficiary is the Gyeonggi-gu Saemaul Savings Depository, the Gyeyang-gu Saemaul Savings Depository, and the second priority beneficiary is the FF Association. The first priority beneficiary is the D and the third priority beneficiary. The second priority beneficiary suffered losses from the failure to recover the principal and interest of the loan, and the second priority beneficiary suffered losses from the failure to receive the construction payment. The third priority beneficiary is the plaintiff, and the third priority beneficiary is the lawsuit against the plaintiff for the claim for the transfer of ownership based on the restoration of the real name, and the lawsuit against E for the removal of the building of this case is being filed.

E.