건물명도(인도)
1. Revocation of the first instance judgment.
2. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
3. Action.
Basic Facts
C On October 17, 2002, the registration of ownership transfer was completed in the name of C on October 2, 2002 with respect to the land of 3,050 square meters (hereinafter “instant land”). On October 2, 2002, C completed the registration of ownership transfer with respect to the said land on August 2, 2010 for the purpose of site ownership, on August 2, 2010, on the aggregate building indicated “the indication of one unit building” as the attached list (hereinafter “instant aggregate building”).
C On October 5, 2010, between E Co., Ltd. (hereinafter “E”) and E Co., Ltd. (hereinafter “E”), entered into a real estate security trust agreement on the instant land and aggregate buildings (hereinafter “instant trust agreement”) and completed the registration of transfer of ownership based on the said trust agreement to E on the same day.
(A) Evidence No. 1 (c)
E On December 5, 2017, the registration of ownership transfer was completed on October 30, 2017 with respect to each 1/13 share of each of the 1/13 shares of the instant housing indicated in the separate sheet (hereinafter “instant housing”). Co-owners, other than the Plaintiff, completed the registration of ownership transfer based on sale on November 28, 2017 with respect to all shares owned by the Plaintiff on the same day. As such, the instant housing became owned solely by the Plaintiff.
(A) No. 1, d.
Meanwhile, between February 26, 2015 and C, the Defendant: (a) the lease term of the instant housing is from February 27, 2015 to February 27, 2017; and (b) the lease deposit is at KRW 50,000,000; and (c) the lease contract is “the instant lease contract.”
A) Upon entering into a contract, on March 20, 2015, the instant house was transferred to the domicile and completed the move-in report, and is currently residing in the instant building. According to the aforementioned basic facts, barring any special circumstance, the Defendant occupied the instant house without title, and thus, is the owner of the instant building.