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(영문) 서울북부지방법원 2016.04.22 2015가단130318
건물명도
Text

1. The defendant 2nd floor on the basis of the central stairs on the current status of the building attached to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The real estate listed in the attached list (hereinafter “instant real estate”) belongs to a multi-family house which is a general building, but was converted to a multi-household house which is an aggregate building on September 18, 2006. The real estate in this case was also indicated as the left-hand room on the second floor on the basis of the central stairs.

B. On April 28, 2010, the Plaintiff purchased the instant real estate in the voluntary auction procedure by Seoul Northern District Court C, and completed the registration of ownership transfer on the same day.

C. Meanwhile, on April 21, 2010, the Defendant purchased “201” the instant real estate building in the voluntary auction procedure at the Seoul Northern District Court CD District Court, and completed the registration of ownership transfer on the same day. From that time, the Defendant occupied and used the second floor left-hand room on the basis of the central stairs according to the current status of the attached building as “201.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the second upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper upper floor is specified as "202, which is the real estate of this case, by means of the building ledger, which is the public book as to indication of real estate, and the Plaintiff purchased this in the voluntary auction procedure as to the real estate of this case and completed the registration of ownership transfer, barring special circumstances, the Defendant is obligated to deliver

3. Judgment on the defendant's assertion

A. The Defendant’s assertion through a voluntary auction procedure that specified the “201” of the instant real estate building as the heading room currently occupied and used by the Defendant, and the drawing attached to the copy of the register indicated the “201” on the left-hand room of the second floor as the basis of central stairs.

Therefore, the defendant's "201" of the real estate building of this case.

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