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(영문) 대구지방법원서부지원 2017.07.12 2016가단12711

건물명도

Text

1. The defendant shall indicate 1, 2, 3, 4.2 square meters on the second floor, 78.63 square meters of buildings listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and D are co-owners of the buildings listed in the separate sheet (hereinafter “instant building”).

B. On February 17, 200, E, F, G, and D acquired ownership of each of 1/4 shares on the grounds of sale. Thereafter, on December 17, 2009, the registration of attachment of the Republic of Korea (Seoul Daegu Tax Office) with respect to the ownership shares of the said G was made on the provisional attachment registration of the Daegu Credit Guarantee Foundation on January 25, 201, respectively, and on November 6, 201, the notification of public auction was issued by the Korea Asset Management Corporation (H) as of November 6, 2014.

In the above public sale procedure, the registration of seizure and provisional seizure as of July 30, 2015 by Plaintiff A (hereinafter “Plaintiff”) completed the registration of ownership transfer for the ownership ownership ownership ownership ownership of G on the ground of public sale as of April 6, 2015. After Plaintiff B completed the registration of ownership transfer for the reasons of public sale as of May 19, 2016, and on July 28, 2016, Plaintiff B completed the registration of ownership transfer for each trade as to the shares owned by Plaintiff E and F, thereby holding 1/4 shares, Plaintiff B’s shares, 1/2 shares, and 1/4 shares, respectively.

C. On March 20, 201, the Defendant: (a) leased KRW 39.315 square meters on a ship, which connects each point of Section 1, 2, 3, 4, and 1, from G, the second floor of the instant building from G, the owner of the 1/4 share of the instant building on March 20, 201, to KRW 19 million; and (b) occupied and used the said building until then after completing the resident registration on March 29, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiffs acquired the ownership of the aggregate of 3/4 shares among the buildings of this case through public sale procedures and sale, and the defendant now connected each point of 1, 2, 3, 4 and 1 among the second floor of the above building owned by the plaintiffs as a majority right holder, 39.63m2 of the attached drawing indicating 1, 78.63m2 of the above building owned by