(영문) 서울북부지방법원 2017.09.21 2016가단13076

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(영문) 서울북부지방법원 2017.09.21 2016가단13076

건물명도등

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1. The part of the claim against the defendant in the application for intervention by an independent party intervenor shall be dismissed;

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. As to the building of this case, the registration of ownership preservation in the name of E on February 10, 2004 at the court's commission, and the registration of provisional disposition was completed in the name of FF association whose right to claim the registration of ownership transfer based on a payment agreement or security agreement for transfer on the same day is a preserved right.

B. On June 3, 2004, the Intervenor and G completed the registration of ownership transfer based on sale on March 4, 2004, designating the Intervenor and G as co-owners of 1/2 shares in each of the instant building.

C. The FF association filed a lawsuit against E against the Seoul Central District Court No. 2004Gahap56610 to file a claim for cancellation of ownership transfer registration, etc., and on April 8, 2005, sentenced on May 15, 2003 to FF association that “E shall implement the procedure for ownership transfer registration based on a payment arrangement with respect to 16 buildings such as the instant building, etc.”, and the said judgment became final and conclusive around that time.

The FF Association completed the registration of ownership transfer based on payment in kind on the building in this case on June 8, 2005, based on the above final judgment.

E. H Co., Ltd. (hereinafter “H”) completed the registration of ownership transfer on November 25, 2009 for the instant building based on sale on November 24, 2009.

F. On April 14, 2011, I filed a provisional registration on April 13, 201 with respect to the instant building on the ground of trade reservation, and the Plaintiff completed the ownership transfer registration on July 31, 2015, which was based on the provisional registration on August 11, 2015 between H and the principal registration on July 15, 201 (hereinafter “instant ownership transfer registration”).

G. Meanwhile, the Defendant leased the instant building from the Intervenor on June 22, 2004, and occupied it while residing in the said building from around that time to that time.

[Reasons for Recognition] A. A. Evidence Nos. 1, 3, Eul evidence Nos. 4, 13, 14, Byung No. 4, 13, and 13.

유사 판례

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