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(영문) 수원지방법원성남지원 2015.02.13 2011가단55404

건물인도

Text

1. The Defendants shall deliver to the Plaintiff the 119.58 square meters of the 1st floor among the buildings listed in the attached list.

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

Reasons

1. Basic facts

A. On September 12, 2006, the Plaintiff completed the registration of ownership transfer as the receipt No. 68564 on September 12, 2006, with respect to the Suwon District Court’s Sung-nam Branch Office, Sung-gu E-gu, Sungnam-si (hereinafter “instant land”).

B. On July 24, 2004, Nonparty F acquired a building listed in the separate sheet (hereinafter “instant building”) located on the instant land at the original time on or around July 24, 2004, the Plaintiff purchased the instant land and buildings from F on or around September 2006, and on March 7, 2007, registration of preservation of ownership in the Plaintiff’s name (hereinafter “registration of preservation of ownership”) was completed upon entrustment of registration of provisional seizure.

C. Defendant C is the father of Defendant B and D, and as of the date of the closing of argument in the instant case, the Defendants occupied and used the 119.58 square meters of the first floor of the instant building (hereinafter “the first floor of the instant building”).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 5, Gap evidence 6-1 and 6-2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the first floor of the instant building to the Plaintiff, the owner of the instant building, unless they asserted and prove that the Defendants had a legitimate title to possess and use the first floor of the instant building.

3. As to the defendants' defense and its determination, the defendants acquired ownership by acquiring the building of this case from F, the original acquisitor of the building of this case on August 4, 2004, and the defendant C, the owner of the building of this case on September 14, 2004, possessed and used the building of this case by leasing the first floor from the defendant B, the owner of the building of this case on September 14, 2004, and therefore, it cannot be complied with the plaintiff's claim. However, even if the original acquisitor sold the unregistered building to another person, the original acquisitor still holds the ownership registration unless the buyer completed the ownership registration on the unregistered building.