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(영문) 서울중앙지방법원 2017.07.20 2017가단5008725

건물명도(인도)

Text

1. The Defendants indicated the attached Form 3 on the third floor of the buildings indicated in the attached Table 2 list to the Plaintiff (Appointed Party) and the designated parties.

Reasons

1. Facts of recognition;

A. On November 21, 2016, the Plaintiff (Appointeds) and the designated parties (hereinafter “the Plaintiff”) did not distinguish the designated parties, and each real estate listed in the separate sheet (hereinafter “the instant building”) on November 21, 2016 (hereinafter “the instant building”) acquired the ownership of each of the said real estate by paying the successful bid price in full on December 6, 2016 after being awarded a successful bid in the public auction procedure for the attached property of Korea Asset Management Corporation, and completed the registration procedure for transfer of ownership of each of the said real estate on the same day.

B. The Defendants, among the third floors of the instant building, possess the part on the ship, which connects each point of the attached Form 1, 2, 3, 4, and 1, and the part on the ship, No. 301, No. 72.10 square meters (hereinafter “301”), among the two floors of the instant building, and the part on the ship, which connects each point of the attached Form 1, No. 2, 3, 4, 5, 6, and 1, and No. 202.12 square meters (hereinafter “No. 202”).

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1 through 3, 7, 21 through 24, and 26, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendants are obligated to deliver 301 and 202 out of the building of this case to the plaintiffs demanding the exclusion of disturbance based on the ownership of the building of this case, unless there are special circumstances.

B. As to the determination of the Defendants’ assertion, the Defendants asserted that the Defendants and the Dot World are entitled to possess 301 and 202 of the instant building, since they moved into the instant building instead of the construction cost invested by the Defendants after completing the housing conversion work by investing the construction cost under delegation of the construction right from the KBS Co., Ltd., the owner of the instant building, the former owner of the instant building.

The defendants have the right to possess the building of this case on the basis of the claims arising in relation to the building of this case only with the descriptions of the evidence Nos. 1 through 6 and the evidence Nos. 27.