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(영문) 의정부지방법원 2019.09.18 2017가단28078

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) order the buildings listed in the separate sheet;

B. From July 21, 201, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) constructed J apartment complex on each land of G, H, and I in Yangju-si, which was entrusted to the F Co., Ltd. (hereinafter “F”), which constitutes a publicly constructed rental house under the former Rental Housing Act [the former Rental Housing Act (wholly amended by Act No. 12989, Jul. 1, 2015; hereinafter “Rental Housing Act”) and the former Enforcement Decree of the Rental Housing Act (wholly amended by Presidential Decree No. 26369, Jul. 1, 2015)].

B. As to the real estate listed in the separate sheet (hereinafter “instant building”), F completed registration of preservation of ownership on June 20, 2003.

C. On November 6, 2003, E completed the registration of ownership transfer on the ground of the attribution of trust property with respect to the instant building. On the same day, E had completed the registration of ownership transfer in F on the same day, and thereafter, on December 17, 2003, K Co., Ltd. (hereinafter “K”) had completed each ownership transfer registration in the future.

E and K succeeded to the status of the rental business operator in succession.

E. F and L entered into a lease agreement with respect to the instant building on July 30, 2002, with a deposit of KRW 45 million, monthly rent of KRW 100,000,000, and the term of lease from July 30, 2002 to May 31, 2008 (hereinafter “instant lease agreement”).

F. On June 30, 201, the Defendant made a move-in report on the instant building on L by fraud, and possessed until now.

G. Around June 201, the Plaintiff’s Intervenor entered into a sales contract with K on a total of 99 households, including the instant building, among the above J apartment units. As to the instant building, the Plaintiff’s Intervenor completed the registration of ownership transfer on the ground of “sale on June 10, 2003” on July 21, 201, and the Plaintiff completed the registration of ownership transfer on the same date trust.

H. K is three months, for the following reasons: L, and on December 13, 2010, for the instant building.

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