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(영문) 서울중앙지방법원 2020.11.26 2020가단5066660
건물인도
Text

The Defendants deliver to the Plaintiff the real estate listed in the attached list.

The costs of lawsuit shall be borne by the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a real estate security trust agreement with D Co., Ltd. (hereinafter “D”) on the real estate listed in the separate sheet (hereinafter “instant real estate”). On May 29, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate based on trust.

B. The Defendants occupy the instant real estate.

[Ground for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, each entry in Gap evidence Nos. 1 through 9 (including each number), and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to deliver the instant real estate to the Plaintiff, the owner of the instant real estate, unless there are special circumstances.

As to this, Defendant C concluded a management contract such as lease, use, etc. of the instant real estate with D, a corporation holding a legitimate lien against D, the executor of the instant real estate, and Defendant C occupied the instant real estate after concluding a lease contract with E, thus, Defendant C asserts to the effect that there exists a legitimate title to possess the instant real estate.

However, there is no evidence to acknowledge that D and E have legitimate right to lease the instant real estate, and thus, Defendant C’s above assertion is rejected.

3. In conclusion, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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