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(영문) 부산지방법원 동부지원 2018.10.11 2017가단210848

토지인도

Text

1. The Defendants shall jointly and severally file with the Plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 6,513.

Reasons

1. Basic facts

A. On June 20, 2002, the Plaintiff purchased real estate listed in the [Attachment List (hereinafter “instant real estate”) and executed the same year.

7. 20. A person who completed the registration of ownership transfer.

B. All the Defendants registered as a resident in the instant real estate, and Defendant C and Defendant D had registered as a business operator in the instant real estate and operated a restaurant around July 8, 2015 with the trade name of “E” and “F.”

C. The rent for the instant real estate is as listed below.

[Attachment 1] List 2, 3: Real estate reappointment/monthly rental fees/monthly rental fees of June 1, 2014; 1,928,000 won/160,000 won/340 won/349,000 won; 4,537,37,378,000 won/monthly rental fees of June 1, 2014; 1,928,000 won/monthly rental fees of May 31, 2015; 2,127,000 won/17,17,000 won / 17,000 won / 37,00 won/monthly rental fees of June 1, 2016; 2,00,12,184, 180/184, 307, 194/7, 2003/7, 194/7, 209/7, etc. of the appraisal office Gap.

2. Determination

A. As to the Defendants’ assertion on their principal right, etc., 1) The Defendants asserted that the Plaintiff, the actual owner of the instant real estate, was duly authorized to occupy and manage the instant real estate by obtaining the right of possession and management from SH. However, even according to all evidence submitted by the Defendants, it is insufficient to recognize that the Plaintiff, the owner of the instant real estate, was granted the right to use and profit from the instant real estate, or that H was in possession of the said right due to any agreement between the Plaintiff and H, and there is no reason to believe otherwise. 2) Defendant C and D asserted that: (a) Defendant C and D merely lent the name of the business owner to Defendant B, who is a bad credit holder, and did not actually occupy and use the instant real estate, such as real residence.

First, all the defendants submitted.