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(영문) 인천지방법원 2020.01.31 2019가단201081

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 8,934,726 and its corresponding amount on May 2019.

Reasons

1. Basic facts

A. 1) C on June 20, 2005, real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by C.

2) On June 20, 2005, D Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) completed the registration of ownership transfer on the instant real estate by reason of trust on June 17, 2005.

3) On October 5, 2018, the non-party company announced the public sale of the instant real estate on the instant real estate, etc. On November 21, 2018, the Plaintiff purchased the instant real estate from the non-party company in KRW 210 million (excluding value-added tax) and completed the registration of ownership transfer on January 7, 2019. (b) The non-party company filed a lawsuit against the Defendant for the registration of ownership transfer against the non-party under the Incheon District Court Decision 2016Ga239627.

The above case was referred to the conciliation division, and the voluntary conciliation was established on January 25, 2017.

2) The Defendant has been operating a pharmacy in the instant real estate and the buildings adjacent thereto (the first floor E), and has occupied and used the instant real estate from January 7, 2019 to the date of closing argument in the instant case. 3) The Defendant has installed and occupied the signboards indicated in the drawings in the instant real estate and the buildings adjacent thereto (the first floor E).

Of them, the part on the ship which connects each point of 1, 2, 3, 4, and 1 with the same drawing indication (hereinafter “instant signboard”) constitutes a common part of the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, substantial fact in this court, purport of whole pleadings

2. Judgment on the main defense of this case

A. The gist of the main safety resistance added the claim for removal of the instant signboard to the Plaintiff.

However, the signboard of this case is established in the common part, which is not the section for exclusive use of the real estate of this case, and is merely a matter of interference with the rights or living profit of the management body, not a matter of the plaintiff's living profit