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(영문) 의정부지방법원고양지원 2015.01.14 2014가단13481

건물인도

Text

1. The Defendants deliver to the Plaintiff the “Yongyang-gu E building No. 601”.

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

Reasons

1. The facts based on which the Plaintiff purchased real estate as indicated in the disposition on February 28, 2014 (hereinafter “instant real estate”) during the public sale process do not conflict between the parties.

2. The Defendants who possess the instant real estate in possession of the instant real estate should deliver the said real estate to the Plaintiff, the owner, if they fail to prove the legitimate title of possession.

On the other hand, Defendant C asserts to the effect that the Defendant Co., Ltd., the 10 million won lease deposit, and D, the 20 million won lease deposit, would be returned from the Plaintiff and deliver the instant real estate at the same time.

However, in light of the fact that the lessee of the instant real estate is “Defendant CDefendant C Co., Ltd. D” and “F,” and that it is difficult to view that four companies jointly possess and use the instant real estate, this assertion is difficult to accept on the sole basis of the entries of evidence Nos. 12 and Nos. 1 through 3 in the evidence Nos. 12 and 1 through 3.

3. According to the conclusion, the Defendants must deliver the instant real estate to the Plaintiff.