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(영문) 울산지방법원 2014.06.25 2013가합4674
점유회수
Text

1. Defendant C shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff A, Inc.

Reasons

1. Basic facts

A. The relationship between the parties (1) The Plaintiff is a company with the objective of indoor decoration construction business, etc., and is a person who has contracted with D (hereinafter “D”) for indoor interior decoration construction work for real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) Defendant A (hereinafter “Defendant A”) is a company for the purpose of housing construction business, etc., and is the former owner of Ulsan-gu Seoul Metropolitan Government District Complex Apartment F (Gu G apartment, hereinafter “F”) including real estate listed in the separate sheet.

(3) Defendant B (hereinafter “Defendant B”) is a company for the purpose of operating sports facilities and their ancillary facilities, and is a transferee of the instant real estate from Defendant A.

(4) Defendant International Trust Co., Ltd. (hereinafter “Defendant International Trust”) is a company for the purpose of trust of land and its fixtures, business related thereto, etc., which concluded a trust contract with Defendant B on the instant real estate and completed the registration of ownership transfer based on the trust.

(5) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company for the purpose of real estate development business, etc. and currently occupies the instant real estate directly.

B. (1) As F’s executor, D completed the registration of ownership preservation on September 23, 2009 for the instant real estate, and thereafter, Defendant A purchased the instant real estate on December 12, 201 and completed the registration of ownership transfer on August 5, 201 to the Korea Housing Guarantee Co., Ltd., and completed the registration of ownership transfer on the same day, and the registration of ownership transfer was completed on the same day under trust with Defendant International Trust.

(2) Defendant A transferred the instant real estate to Defendant B on May 30, 2013, and Defendant B completed the registration of ownership transfer of the instant real estate on the same day, and on the same day.

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