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1. The defendant shall draw up to the plaintiff the attached Form No. 587.12 square meters (Class 2 neighborhood living facilities) of the third underground floor of real estate stated in the attached list.
Reasons
1. Basic facts
A. On February 2, 2010, A, who was the owner of the real estate listed in the separate sheet, borrowed gold KRW 65 billion from the Southern Agricultural Cooperative, etc. on February 2, 2010, and completed the registration of ownership transfer on February 3, 2010 on the instant real estate in the future of the New Real Estate Trust Co., Ltd. as a reason of trust.
B. A’s failure to pay interest on loans to the above Seoul Agricultural Cooperative, etc., the New Real Estate Trust Co., Ltd. attached to the auction procedure for the instant real estate.
C. On February 13, 2015, the Plaintiff purchased the instant real estate in the position of trust business entity referred to in subparagraph 19 of Article 14 of the former Real Estate Trust Act, and completed the registration of ownership transfer due to sale on the 16th of the same month.
The Defendant possessed the house owned by the Defendant in the possession part of the third floor underground of the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, Eul evidence 4-1 to 8, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to deliver the part of possession of this case possessed by the defendant to the plaintiff who is the owner of this case.
The defendant legitimately leased the possession portion of this case from A, and the ownership transfer registration under the name of the plaintiff with respect to the real estate of this case was completed unfairly, and thus, the cancellation registration of the ownership transfer registration will be completed between 00,000, and therefore, the plaintiff does not have any obligation
However, there is no evidence to acknowledge this (for example, this Court Decision 2015Gahap522878, which ruled that A filed a claim suit against the Plaintiff and the New Real Estate Trust Co., Ltd., for the cancellation of ownership transfer registration, but lost in the first instance court is remarkable in this Court). The above argument by the Defendant is without merit.
The defendant is a legitimate tenant under the Commercial Building Lease Protection Act.