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(영문) 수원지방법원성남지원 2015.02.13 2012가단9835

건물인도등

Text

1. The Defendants shall deliver to the Plaintiff the 205.81 square meters of the branch floor among the buildings listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On September 12, 2006, the Plaintiff completed the registration of ownership transfer with the receipt of No. 68564 on September 12, 2006, with respect to the Suwon District Court's Sung-nam Branch Office for Sung-gu, Sung-gu (hereinafter "the instant land").

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

C. As of the date of the closing of argument in the instant case, the Defendants occupied and used the ground floor 205.81 square meters (hereinafter “the ground floor of the instant building”) among the instant buildings.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 3, Gap evidence 7-1 and 7-2, 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 ground floor of the building of this case to the plaintiff, the owner of the building of this case, unless they asserted and prove that they have a legitimate right to possess and use the ground floor of this case.

3. The defendants' defenses and judgment as to them

A. Defendant B and Defendant C acquired ownership by acquiring the instant building from Defendant B, the original acquisitor of the instant building on August 4, 2004, and Defendant C, on September 14, 2004, possessed and used the opposing power by leasing the land surface of the instant building from Defendant B, the owner of the instant building, who was the owner of the instant building on September 14, 2004. Thus, the Plaintiff’s claim cannot be complied with. However, even if the original acquisitor sold the unregistered building to another person, the original acquisitor still remains in the status of the owner unless the latter completed the registration of ownership of the unregistered building.