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(영문) 서울동부지방법원 2017.11.08 2016가단131732
건물인도 등
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant B is marked 1, 2, 5, 6, 1 of the annexed drawings among the real estate listed in the annexed list.

Reasons

1. Basic facts

A. The Plaintiff was entrusted with the instant real estate from the Do milk Development Co., Ltd. (hereinafter “Dore Development”), the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer on April 12, 2007 due to the trust on the same day. At the time, the real estate trust agreement prepared between the Plaintiff and the Dore Development was incorporated into the register in the original trust register, and the main contents of the said real estate trust agreement are as follows.

Article 10 (Lease, etc.) (3) Where a lease contract expires or arrives during the period of trust, the truster shall bear the rental deposit, etc., and a new lease contract shall be made in the name of the trustee.

(4) Notwithstanding the provisions of paragraph (3), a lease contract which a truster voluntarily concludes may not claim its effect to the trustee.

B. On July 7, 2017, the Plaintiff’s succeeding intervenor A purchased the instant real estate on July 7, 2017 during the instant lawsuit, and subsequently completed the registration of ownership transfer under his/her name on September 4, 2017.

C. Meanwhile, Defendant B occupies the part on board “A” (No. 423) which connects each point of the separate sheet No. 1, 2, 5, 6, and 1 among the instant real estate, and Defendant C occupies the part “B (No. 423-1)” (hereinafter “instant store”) which connects each point of the separate sheet No. 2, 3, 4, 5, and 2 among the instant real estate in sequence.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, purport of the whole pleadings]

2. The plaintiff's claim was examined, and since the plaintiff transferred the real estate of this case to the plaintiff's succeeding intervenor during the proceeding of this case, the plaintiff's claim against the defendants cannot be accepted.

3. Determination as to the claims of the Plaintiff’s succeeding intervenor

A. (1) The description of the grounds for the claim against the defendant B is as shown in the attached Form of the claim

(2) Confession.

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