건물명도
1. The Appointor C, D, and E shall deliver to the Plaintiff the real estate listed in the separate sheet.
2. The plaintiff against the defendant B.
1. Determination as to the cause of claim
A. In full view of the purport of the pleadings as a result of the statement No. 1 and the fact inquiry about the safe market of this court, the Plaintiff may recognize the facts that the Plaintiff, on December 26, 2002, completed the registration of ownership transfer concerning the real estate listed in the separate sheet (hereinafter “instant real estate”) on December 26, 202, appointed parties C, D, and E, reside in and possession of the instant real estate.
According to the above facts of recognition, the designated parties C, D, and E are obligated to deliver the instant real estate to the Plaintiff, the owner of the instant property, except in extenuating circumstances.
B. Furthermore, the Plaintiff sought delivery on the premise that Defendant B occupied the instant real estate, but there is no evidence to prove that Defendant B occupied the instant real estate (the Defendant B did not possess the instant real estate, and according to the result of a fact inquiry into the inside and outside market of this court, the Plaintiff’s claim against the Defendant B is without merit.
2. Determination as to the defendant (appointed party)'s assertion
A. The assertion that the real estate in this case was held in title by the defendant (appointed party) agreed to receive payment in kind from F, the former owner, and thus, the registration of transfer of ownership in the name of the plaintiff on the real estate in this case is null and void in accordance with Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name. Therefore, the plaintiff's assertion based on the premise that the plaintiff
B. In general, in the event that a real estate owner’s title is entrusted to another person, documents proving the legal relationship, such as the registration certificate, are held by the title truster, who is the actual owner. Therefore, if a person who is referred to as the title trustee possesses such legal relationship documents, it does not have any explanation that he/she is able to obtain for the reasons for holding the documents.