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(영문) 의정부지방법원 고양지원 2018.05.17 2017가단84446
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B and C are each buildings listed in the separate sheet Nos. 1 through 3, and B.

Reasons

1. Facts without dispute;

A. On April 8, 2016, the Plaintiff filed a lawsuit against Nonparty G Co., Ltd. (hereinafter “G”) and Defendant F Co., Ltd. (hereinafter “Defendant F”), and completed the registration of ownership transfer of each of the buildings listed in the separate sheet Nos. 1 through 3 (hereinafter “instant building”) on the ground of sale on January 18, 2013; Defendant F obtained the registration of ownership transfer of each of the buildings listed in the separate sheet No. 1/10 and the separate sheet No. 4 and paragraph (5) (hereinafter “Defendant F”) on the following grounds: (a) the Seoul High Court rendered the registration of ownership transfer of the instant building on the grounds of sale on January 18, 2013; and (b) the registration of ownership transfer of the instant building No. 1 and No. 3074, Apr. 27, 2014; and (c) the instant building No. 4 and No. 5 (hereinafter “Defendant F”).

B. As of the date of the closing of argument in the instant case, Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) occupy each of the H, I, and J units of the instant building, and Defendant D Co., Ltd. (hereinafter “Defendant D”) and Defendant E occupy the title of the instant building, and Defendant B, C, and F occupy the instant building L.

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver each of the instant building H, I, J, K, and L, each of which belongs to the Defendants, to the Plaintiff, except in extenuating circumstances.

3. Determination as to Defendant B and C’s assertion

A. On June 1, 2010, Defendant C entered into a lease agreement with G, which is the former owner of the instant building, and Defendant C, with a period of KRW 600 million, and the lease period of KRW 10 million, and the lease period of the instant building. Defendant C around October 201.

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