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(영문) 부산지방법원 2014.02.12 2012가단35930

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Determination as to the cause of claim

A. Fact-finding 1) Trade name change from the bankrupt Mountainous Construction Co., Ltd. (hereinafter “Tlim Construction Co., Ltd.”) to the “Tlim Construction Co., Ltd.” on June 19, 2008; hereinafter “Bankruptcy Co., Ltd.”)

(2) On January 18, 2005, the bankrupt company was established for the purpose of building and engineering work, housing building and supply, and the rehabilitation procedure commenced on February 9, 2009 by Busan District Court 2009 hap1, and discontinued on November 5, 2011. After the rehabilitation procedure was discontinued on November 5, 201, the bankrupt company was declared bankrupt on November 7, 201 as Busan District Court 201 Ma13, and the Plaintiff was appointed as the bankruptcy trustee and is still under bankruptcy proceeding. (2) On January 18, 2005, the bankrupt company completed the registration of preservation of ownership on real estate listed in the separate sheet (hereinafter “instant real estate”).

3) The Defendants were residing in the instant real estate since they completed the move-in report to the address of the instant real estate on December 14, 2009. [The fact that there is no dispute over the grounds for recognition, Gap 1, 2, Eul 1-1, Eul 1-1, and the purport of the entire pleadings.]

B. According to the above facts found, the Defendants are obligated to deliver the instant real estate to the Plaintiff.

2. Judgment on the defendants' assertion

A. E is the husband of Defendant B and the father of Defendant C, who was the former representative director of Defendant D (hereinafter “Nonindicted Company”)’s assertion by the Defendants.

On July 4, 2002, the non-party company entered into a sales contract with the bankrupt company for the real estate of this case, and paid the full purchase price to the bankrupt company around May 2003.

On May 15, 2003, the Korea Credit Guarantee Fund established a pledge on the right to claim for ownership transfer registration against the bankrupt company of the non-party company in order to secure the right to claim for reimbursement under the credit guarantee agreement against the non-party company, and the bankrupt company accepted it.

Since the non-party company is a claimant for ownership transfer registration against the plaintiff, it is a family member E who was the former representative director of the non-party company.