(영문) 서울동부지방법원 2014.02.14 2013가단114569

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2014.02.14 2013가단114569

건물명도

Text

1. The Plaintiff, Defendant A, and Defendant B, listed in the attached Table No. 1, and Defendant B, listed in the attached Table No. 2 through 8.

Reasons

1. Basic facts

A. Nonparty D, the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) completed the registration of transfer of ownership based on the trust on September 19, 2007, to the trustee K non-real estate trust corporation (hereinafter “KB trust”).

B. As to each of the instant real estate, a partnership group (hereinafter “partnership group”) completed the registration of ownership transfer based on a sales contract as of February 13, 2013 from the KB trust on June 27, 2013, and the Plaintiff completed the registration of ownership transfer based on a sales contract as of June 27, 2013 on the same day.

C. Defendant A operates a coffee shop with the trade name “E” in 101 of the first floor of the instant real estate, and Defendant B operates a restaurant with the trade name “F” in 102 through 108 of the first floor of the instant real estate, and Defendant EFF World Co., Ltd. (hereinafter “EF World”) establishes and occupies a branch office on 109 of the first floor of the instant real estate.

The Plaintiff filed a provisional injunction against Defendant A and B (2013Kadan6383) with the court (2013Kadan6383), and completed the provisional injunction on August 27, 2013.

[Reasons for Recognition] Facts without dispute, Gap (including a provisional number; hereinafter the same shall apply) to 8, 11, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts based on the determination of the cause of the claim, Defendant A, B, and EFC are the persons possessing the instant real property, and barring any special circumstance, the owner of each of the instant real property is obligated to comply with the Plaintiff’s claim for the return of the property owned by the Plaintiff, who is the owner of each of the instant real property; Defendant A is the real estate listed in the separate sheet; Defendant B is the real estate listed in the attached sheet; Defendant B is the real estate listed in the attached sheet; and Defendant EFC is the duty to

On the other hand, the plaintiff is the indirect possessor who sublets 102 to 108 against the defendant C and has the same obligation to do so.

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