건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, C entered into a security trust agreement with the Plaintiff on February 3, 2016 with respect to 6 households of multi-household houses on the ground D, Chungcheongnam-gun, including real estate listed in the separate sheet (hereinafter “instant housing”), and completed the registration of transfer of ownership based on the trust on February 4, 2016, the Defendant may recognize the possession of the instant housing, and there is no counter-proof evidence.
According to the above facts, the defendant is obligated to deliver the house of this case to the plaintiff, unless there is a circumstance that he has a possessor of right.
2. Judgment on the defense
A. (1) On January 26, 2016, the Defendant, as a lessee with opposing power, concluded a lease agreement with C on behalf of E with respect to the instant housing on behalf of the Defendant, and considering the circumstances such as the Defendant’s delegation of the entire authority for the receipt of the construction price by E, the lessee is the Defendant, not E, and the Defendant obtained the fixed date and received the instant housing, and thus, the Plaintiff who acquired the ownership of the instant housing can thereafter set up a defense against the Plaintiff who acquired the ownership of the instant housing, and cannot deliver the instant housing before receiving the lease deposit.
The plaintiff asserts that the defendant is not a lessee with opposing power.
(2) Even if there is no registration, if the lessee has completed the delivery of the house and the resident registration, the lease shall take effect against the third person from the following day thereof, and shall be deemed to have been registered as the resident at the time of
Comprehensively taking account of the written evidence Nos. 3 and 2 evidence, the fact that C concluded a lease agreement with the Defendant represented by E on Jan. 26, 2016 with regard to the instant housing as of Jan. 25, 2018 (hereinafter “instant lease agreement”), with the period of Jan. 25, 2018.