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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Basic facts
A. The Allied Industry Co., Ltd. (hereinafter referred to as the “Amateur Industry”) is a contractor who has undertaken the construction of a main complex building (hereinafter referred to as the “instant construction”) with the size of the 2nd underground and the 8th ground level underground in Suwon-si, Suwon-si, and the construction of the building (hereinafter referred to as the “instant construction”). The East Industry Development Co., Ltd. (hereinafter referred to as the “Stified Industry Development”) is the starting construction of the instant construction.
B. On March 8, 2012, the undisclosed industry completed the registration of ownership transfer under its name with respect to the instant building, and completed the registration of ownership transfer under the name of Hanol Trust Co., Ltd. on the same day, and completed the registration of ownership transfer under the name of Hanol Trust. On September 28, 2012, upon obtaining approval for use from around September 28, 2012, the registration of ownership transfer is again completed under the name of the undisclosed industry on the grounds of the attribution of trust property.
C. On November 8, 2012, the undisclosed industry concluded a sales contract with the Plaintiff on the real estate listed in the separate sheet among the instant building (hereinafter “instant housing”) and the same month.
9. The Plaintiff completed the registration of ownership transfer under the Plaintiff’s name, and the Plaintiff occupied and used the instant housing upon delivery around that time.
At around 17:00 on March 12, 2014, the Defendant came to possess the instant house after replacing the locking system with the entrance door password of the instant house, and has been asserting the right of retention and has occupied the instant house.
E. On October 2, 2014, the Plaintiff filed a criminal complaint against the Defendant on charges of causing property damage and intrusion upon residence as stated in the preceding paragraph, and the Defendant was charged with summary indictment but filed a request for formal trial with the Suwon District Court Decision 2014Da1972. On October 2, 2014, the said court sentenced the Defendant to a fine of KRW 2,00,000 by recognizing the crime of causing property damage and intrusion upon residence regarding the instant housing, etc.
(A) The defendant appealed and is currently pending in the appellate court). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 4, and 12 through 14, and the purport of the whole pleadings.
2. Determination as to the cause of action
(a) India;