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(영문) 부산지방법원 2016.08.25 2015가단217566
건물명도
Text

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

2. The Defendants jointly do so to the Plaintiff on 4,176.

Reasons

1. Basic facts

A. Since 2003, D did not pay global income tax, etc., taxes were in arrears.

D New construction of the real estate listed in the attached list (hereinafter referred to as "the real estate of this case") and thereafter the title trust was made in the future in order to be exempted from the compulsory execution based on the delinquent tax amount.

E completed on May 17, 2004 registration of ownership preservation on the real estate of this case.

B. Since the title trust agreement on the instant real estate between D and E is null and void, the Republic of Korea (Seosan Tax Office) sought a transfer of ownership on the instant real estate on the ground of the recovery of authentic names, since the title trust agreement on the instant real estate between D and E was null and void.

On August 28, 2013, E decided D to implement the procedure for ownership transfer registration on the instant real estate due to the restoration of real name, and the said judgment became final and conclusive.

(Dasan District Court 2013Gahap42956). Based on the above judgment, the registration of ownership transfer was completed in D on February 5, 2014, and Korea completed the attachment registration of the instant real estate on the same day.

C. As D did not pay the delinquent taxes, the Korea Asset Management Corporation issued a public auction notice on September 11, 2014 and proceeds from the public auction procedure with respect to the instant real estate.

On January 8, 2015, the Plaintiff acquired the instant real estate through public sale and completed the registration of ownership transfer on the same day.

As the direct possessor of the instant real estate, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) occupied and used the instant real estate as the indirect possessor of the instant real estate.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 and 2, and the inquiry results about the Korea Electric Power Corporation of this Court, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, the real estate of this case is occupied and used unless there are special circumstances.

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