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(영문) 서울서부지방법원 2015.07.21 2014가단24498

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter in this case’s apartment), 208

6. With the entrustment of the registration of provisional disposition on October, 10, registration of preservation of ownership has been completed in each of 1/2 shares in the name of the E-Building and Improvement Project Association and Taeil Integrated Construction Co., Ltd. (former two names: Yangyang Comprehensive Construction Co., Ltd.; hereinafter referred to as "Tun Total Construction").

B. On December 3, 2013, the Plaintiff won a lawsuit seeking the implementation of the procedures for the registration of ownership transfer of the instant apartment (this Court Decision 2011Da21283, this Court Decision 2013Na1772, and Supreme Court Decision 2013Da68377) against the E-House Housing Reconstruction Project Association and the Taeil General Construction. Accordingly, on December 3, 2013, the ownership transfer registration was made in the name of the Plaintiff with respect to the entire apartment portion.

C. Defendant B completed a move-in report on the apartment of this case on May 14, 2012; Defendant C on March 22, 2013; and Defendant D on January 2, 2014, and thereafter occupied the apartment of this case from that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 3, Gap evidence 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the apartment of this case is presumed to be owned by the plaintiff, and the defendants occupy the apartment of this case, so long as there is no assertion of legitimate authority to occupy it, the defendants are obliged to deliver the apartment of this case to the plaintiff.

B. As to Defendant D’s assertion, Defendant D lent total of KRW 350 million as construction funds to the Taeil Integrated Construction, a contractor, for the purpose of construction. During that process, Defendant D had resided in the apartment of this case with the consent of Taeil Integrated Construction, which was obtained the consent of Taeil Integrated Construction, and thereafter, Defendant D prepared a sales contract for the apartment of this case to Defendant D on July 20, 2007 with the content of selling the apartment of this case as a collateral for the above loan. Thus, Defendant D’s apartment of this case.