(영문) 서울남부지방법원 2018.09.07 2018가단11613

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(영문) 서울남부지방법원 2018.09.07 2018가단11613

건물명도 등

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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On February 25, 2015, the Plaintiff acquired ownership of the building indicated in the separate sheet (hereinafter “instant building”).

B. On January 25, 2017, the Plaintiff filed a claim against the lessee for extradition, and the Plaintiff is non-selAWC Co., Ltd. (hereinafter “non-selAWC”).

(2) On June 22, 2018, the Plaintiff filed a claim for the delivery of the instant building and the payment of the overdue rent against Non-Sel Ann&C as Seoul Southern District Court Decision 2018Da6659, supra, and was sentenced by the above court on February 22, 2018.

C. On the other hand, the defendant occupies the building of this case, while putting up the signboard bearing the defendant's trade name ("B") at the entrance of the building of this case, and occupying the building of this case without registering the location of the head office on the registry of the defendant corporation as the building of this case ("Seoul Geumcheon-gu, 111").

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is deemed to possess the building of this case by installing the defendant's signboard in the building of this case and entering the location of the principal office in the address of the building of this case. Since there is no right to justify such defendant's possession, the defendant's possession of the building of this case constitutes illegal possession that infringes upon the plaintiff's ownership, which is the owner of the building of this case.

Therefore, the defendant who occupies the building of this case has the duty to deliver the building of this case to the plaintiff who is its owner.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

유사 판례

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