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(영문) 서울남부지방법원 2012.12.21 2011가단57139
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

Reasons

1. Case summary

A. The Plaintiff completed the registration of the Seoul Southern District Court on July 1, 201 and the registration of transfer of ownership on November 3, 2003 (Seoul Southern District Court 2007Gahap7936) (hereinafter “instant registration of transfer of ownership”).

B. The defendant occupies the apartment house of this case.

【Ground for Recognition: Unsatisfy, Entry of Evidence A 1, Purpose of the whole pleadings】

2. Assertion and determination

A. The parties' assertion that the plaintiff is the owner of the apartment of this case, and the defendant occupies the apartment of this case without the title, so the defendant is obligated to deliver the apartment of this case to the plaintiff.

As to this, the Defendant asserts that he is not able to respond to the Plaintiff’s claim on the subcontract price of the instant building against the Plaintiff’s Intervenor (hereinafter “ Intervenor”). However, the Intervenor’s representative D conspired with the Plaintiff, thereby making the Plaintiff complete the registration of ownership transfer to receive the instant apartment from the Defendant.

B. In the event that the plaintiff is the owner of the building of this case and the registration has been made on any real estate, it shall be presumed that it has been made lawfully in its cause and procedure unless there are any special circumstances, and the party asserting the invalidation is liable to prove

(See Supreme Court Decision 94Da23524 delivered on April 28, 1995, etc.). In full view of the overall purport of the arguments in health care units, Gap evidence 2 (the same as Eul evidence 3), Eul evidence 3, Eul evidence 4-1, 2, Eul evidence 5, and Eul evidence 6, the intervenor and Eul et al. against co-owners of the building of this case as Seoul Southern District Court 2007Gahap7936 delivered on the part of the building of this case.

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