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(영문) 수원지방법원성남지원 2017.09.15 2017가합401204

건물명도(인도)

Text

1. The Defendants jointly remove each movable set forth in the separate sheet No. 1 from the Plaintiff, and set out in the separate sheet No. 2.

Reasons

1. Judgment on the plaintiff's claim

A. 1) Determination as to the cause of the Plaintiff’s claim 1) Recognition A), “C church conference” (hereinafter “C church conference”) has used real estate listed in the attached Table 2 (hereinafter “instant real estate”) as a church building.

B) On October 29, 2015, the Plaintiff paid the price in full after receiving a successful bid for the instant real estate during the voluntary auction procedure. On November 20, 2015, the Plaintiff completed the registration of ownership transfer on the instant real estate. (C) The Defendants are holding the instant real estate while keeping each movable property listed in the separate sheet No. 1, owned by the Defendants (hereinafter “instant movable property”).

[Based on the facts without dispute, Gap evidence Nos. 1 through 8, and the purport of the entire pleadings, barring any special circumstance, the defendants jointly leased KRW 850,000,000 to the plaintiff, the owner of the real estate of this case, and to deliver the real estate of this case. (b) The defendants jointly leased KRW 1,00,000 for the defendants' assertion, which is the C B, the defendant A, the 792,00,000,000.

On February 22, 2010, the Defendants entered into a contract for the transfer and acquisition of the instant movable property as collateral for each of the above loans, and thereafter, Chys Association failed to repay each of the above loans, thereby acquiring the ownership of the instant movable property.

After the Defendants acquired ownership of each of the instant movable properties, the Plaintiff acquired ownership of the instant movable properties.

In addition, the defendant A entered into an entrustment management agreement with Cridge on the establishment and operation of a book store in the real estate of this case, and paid 100,000,000 won in total as deposit money to Cridge.

Therefore, the Defendants, as the owner of the instant movable property, possess the instant movable property with a legitimate title, and thus, the Plaintiff’s claim is unreasonable.

2. The Defendants’ assertion and assertion.