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(영문) 대전지방법원 서산지원 2018.09.06 2018가합69
부동산인도
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

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

3...

Reasons

1. Basic facts

A. On November 20, 2006, the Defendant (U.S.) entrusted ten lots of land (hereinafter “each of the instant land”) including 10 lots of land, including 2261-1, 2261-11, 2261-12, 2261-12, 2261-13, 2261-14, to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on November 20, 2006, and completed the registration of ownership transfer for each of the instant land due to trust on the same day.

B. After that, on March 11, 2008, the Defendant entrusted each of the buildings listed in the separate sheet (hereinafter “each of the buildings of this case”) owned by the Defendant with the land trust on the same day, and completed the registration of ownership transfer based on the trust with respect to each of the buildings of this case.

C. The Korea Land Trust publicly announced the sale of each of the instant lands and buildings on July 3, 2017, and the Dong SeabC Co., Ltd (hereinafter “Dong SeabC”) purchased each of the instant lands and buildings during the public sale procedure on August 25, 2017, and completed the registration of ownership transfer on October 25, 2017.

On November 21, 2017, Dong SeaWC entrusted the Plaintiff with each of the instant lands and buildings, and completed the registration of ownership transfer based on trust on the same day.

E. The defendant occupies each of the buildings of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6 (including each number), the purport of the whole pleadings

2. Determination:

A. The Plaintiff acquired ownership of each of the buildings of this case by being entrusted with each of the buildings of this case from East SeaWC and completing the registration of ownership transfer, and the Defendant occupied each of the buildings of this case as seen earlier. Thus, the Defendant, the owner of each of the buildings of this case, barring special circumstances.

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