건물명도(인도)
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
1. Basic facts
A. On August 7, 2012, Defendant C’s bankruptcy trustee D’s taking over the lawsuit of Defendant C (hereinafter “Defendant”) repaid KRW 30,00,00 to the Plaintiff during the period from December 31, 2012 to December 31, 2013, and prepared and issued a letter of intent to complete the registration of creation of mortgage in the name of the Plaintiff as to the real estate listed in the separate sheet in Defendant B’s name (hereinafter “instant real estate”).
B. On August 9, 2012, C entered into a sales contract with the effect that the instant real estate was sold to the Plaintiff in KRW 300,000,000,000, and accordingly, the registration of ownership transfer was completed on August 10, 2012 with respect to the instant real estate. At the time, there was E (Deposit 20,000,000), F (Deposit 80,000,000), G (Deposit 3,000,000) with respect to the lessee of the instant real estate.
C On September 20, 2012, 96,00,000 won was drawn up and issued by the Plaintiff.
C. The Defendants possessed the instant real estate as of the date of the closing of argument in the instant case.
C was declared bankrupt on November 20, 2017, but the bankruptcy was abolished on October 16, 2018.
(Seoul Rehabilitation Court 2017Hadan60777). [Reasons for Recognition] No dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 12, the purport of the whole pleadings.
2. The assertion and judgment
A. 1) With respect to Defendant B, the Plaintiff, the owner of the instant real estate, who is the owner of the instant real estate indicated in the claim, sought a delivery of the instant real estate without title to the Defendant B. (2) The judgment of deemed that the applicable provisions of Acts are constituted (Articles 208(3)2 and 150(3) of the Civil Procedure
B. According to the above basic facts against Defendant C, Defendant C, the possessor of the instant real estate, has the duty to deliver the instant real estate to the Plaintiff, the owner.
As to this, the above defendant shall pay 50,000,000 won for directors in return for transferring the ownership of the real estate in this case to the plaintiff.