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(영문) 서울남부지방법원 2019.02.15 2018가단215453
건물명도(인도)
Text

1. The Defendant and the Intervenor of the independent party (Counterclaim Defendant) are real estate indicated in the attached Table to the Plaintiff (Counterclaim Plaintiff).

Reasons

The plaintiff's claim against the defendant and the intervenor's main and conjunctive claim against the plaintiff and the plaintiff's counterclaim against the plaintiff are judged together.

1. On July 26, 2016, the real estate listed in the attached list, which was owned by the Defendant of the basic facts, was registered for transfer of ownership by trust in the future of the Korea Asset Management Corporation D, and the Plaintiff was awarded a successful bid on March 6, 2018 in the public sale procedure managed by the Korea Asset Management Corporation.

The Plaintiff completed the registration of ownership transfer on March 27, 2018 due to sale on March 7, 2018 with D as to the instant real estate.

The Defendant and the Intervenor have resided in the instant real estate until now and possessed it.

【In the absence of any dispute, entry in the evidence Nos. 1, 2, and 2, and the purport of the whole pleading】

2. The assertion and judgment

A. According to the facts of recognition, the defendant and the intervenor are obligated to deliver to the plaintiff the real estate of this case owned by the plaintiff, unless the defendant and the intervenor asserted that there is a legitimate title to possess the real estate of this case.

B. On July 8, 201, the Defendant and the Intervenor asserted that there was a legitimate title to possess the instant real estate since a lease agreement was concluded between the Defendant and the Intervenor regarding the instant real estate on July 8, 201 and the Intervenor acquired opposing power, and the Intervenor sought confirmation against the Plaintiff, a successor to the instant real estate, that the Intervenor was in the status of the lessee. In the event that the lease was terminated in preliminary terms, the Intervenor sought reimbursement of KRW 90 million against the Plaintiff.

According to the evidence evidence Nos. 1 and 2, a contract was concluded between the intervenor and the defendant on July 5, 201, with the effect that the contract was concluded between the intervenor and the defendant as to the two rooms and toilets part of the instant real estate as the deposit amount of KRW 90 million. On July 20, 2011, the intervenor transferred his resident registration to the instant real estate as of July 20, 201 and entered as the "the defendant's mother and resident" and entered as the "the defendant's mother and resident."

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