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(영문) 수원지방법원 2016.04.20 2014가단54812
건물명도
Text

1. The Plaintiff, Defendant D Co., Ltd., the real estate indicated in attached Form No. 2, and Defendant G, the same list.

Reasons

1. Facts of recognition;

A. An I Co., Ltd. is an executor of K apartment and L New Airport Construction Corporation located in Yeongdeungpo-gu Jdong-gu, Jdong-gu, and completed registration of preservation of ownership in the name of each I Co., Ltd. on August 10, 2009 with respect to the real estate listed in paragraph (1) of the attached Table of Real Estate (hereinafter referred to as "Mho"), paragraph (2) of the same Schedule of Real Estate (hereinafter referred to as "Nho"), the real estate listed in paragraph (3) of the same Schedule (hereinafter referred to as "O"), the real estate listed in paragraph (4) of the same Schedule (hereinafter referred to as "P"), and the real estate listed in paragraph (5) of the same Schedule (hereinafter referred to as " Qho-ho"), respectively.

B. The registration of ownership transfer in the name of R Co., Ltd. was completed on October 19, 2009 on the ground of the trust held on October 15, 2009 for Mhoho, Nho,Oho and P, and on the ground of Qho on November 4, 2009, on the ground of the trust held on November 4, 2009.

C. On August 19, 201, the registration of ownership transfer was completed on August 19, 201 in the name of the Plaintiff on the ground of the replacement of the trustee on August 19, 201.

On March 24, 2015, the registration of transfer of ownership in the name of the Intervenor succeeding to the Plaintiff was made on April 7, 2015 for M. on the grounds of sale as of March 24, 2015.

E. At present, Defendant C is currently occupying Defendant C’s head, Defendant D’s heading N, Defendant E and F’s heading O, Defendant G’s heading P, and Defendant H Q heading, respectively.

[Ground of recognition] Defendant C, E, F, and H: The absence of dispute, Gap evidence Nos. 1, 2, Eul evidence No. 5, Byung evidence No. 1 (including any number, if any), defendant D, and G: Each confession made (Article 150(3) of the Civil Procedure Act)

2. Determination

A. The Plaintiff acquired full ownership inside and outside the country by completing the registration of ownership transfer for reasons of trust with respect to M&, N,O, P, and Q.

(see, e.g., Supreme Court Decision 2000Da70460, Apr. 12, 2002). In addition, the Plaintiff’s successor purchaser purchased M from the Plaintiff, the trustee, and completed the registration of ownership transfer.

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