건물명도(인도)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the aggregate building register in Seodaemun-gu Seoul Metropolitan Government, on three floors of aggregate buildings constructed on the ground of Seodaemun-gu Seoul Metropolitan Government, 301 square meters of a transition area of 124.98 square meters on the left side, and 302 square meters of a transition area of 122.86 square meters on the right side are located respectively.
B As to the above 301 and 302, the Seoul Western District Court's Seodaemun-gu registry office was completed on April 1, 2004 as the receipt No. 12129 on April 1, 2004.
However, 301 square meters which are the 124.98 square meters of a electric-owned area are “302 square meters” and 302 square meters of a electric-owned area are “301 square meters”.
The defendant shall complete the registration of ownership transfer with respect to 302 by the same registry office No. 29751 of August 3, 2004, which was due to sale as of May 27, 2004, and occupy the above 301.
On March 5, 2007, the Plaintiff visited 302m2, which is 122.86m2, and confirmed the structure, etc., and entered into a real estate sales contract with B on March 5, 2007, and entered into the sales contract as to 301m2.
(hereinafter “instant sales contract”). The Plaintiff (a) completed the registration of ownership transfer based on the sale and purchase as of March 28, 2007, No. 12329, Mar. 5, 2007, with respect to 301, and (b) is residing in the above 302 from around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s assertion and the Plaintiff’s assertion are that the Plaintiff purchased 301 units as stated in the instant sales contract and completed the registration of transfer of ownership. Thus, the Defendant currently occupies 301 units, and thus, the Defendant seeks the delivery of the above 301 units to the Defendant as a claim for return based on ownership.
Judgment
The main issue of the instant case is what is the object of the instant sales contract concluded between the Plaintiff and B.
The actual contents of the proceedings shall be examined, i.e., the following circumstances, which are acknowledged by comprehensively taking into account the overall purport of the arguments.