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(영문) 서울서부지방법원 2016.06.07 2015가단18766
건물인도등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. On January 26, 2011, the Plaintiff completed the registration of the right to claim ownership transfer on the ground of trade reservation on the same day with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

B. On April 3, 2015, the Plaintiff filed a lawsuit against C to perform the principal registration procedure based on provisional registration as Seoul Western District Court 2014Kadan4423, and was sentenced to a judgment for claimant on April 3, 2015, and the above judgment was the same year.

5. It was finalized on 19.

C. The defendant resides in the apartment of this case and occupies it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, and 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the apartment of this case to the plaintiff, except in extenuating circumstances.

B. On October 19, 2004, the summary of the defendant's assertion 1) the defendant's argument that ① the defendant concluded a sales contract with D or D with a knowledge that the defendant had resided in the apartment of this case for 10 years, and the defendant concluded a sales contract with D with D with a view to 6% of interest rate of KRW 100 million and due date of payment of KRW 225,00,000 with November 19, 204. The contract was concluded between D and E corporation with the representative director, and the contract was concluded with D with a contract that purchased the apartment of this case for the purpose of 225,00,000,000, in lieu of the contract deposit and the intermediate payment were paid in full, and thus the plaintiff acquired the real ownership of the apartment of this case. In addition, the plaintiff's argument that it constitutes an anti-social legal act.

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