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(영문) 서울동부지방법원 2019.05.02 2018가단124172
부동산인도
Text

1. The defendant shall deliver to the plaintiff succeeding intervenor the real estate listed in the attached list.

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

Reasons

1. Facts of recognition;

A. On July 24, 2017, D completed the registration of ownership transfer based on sale on May 25, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On July 24, 2017, D completed the registration of ownership transfer based on the trust on the same day.

B. On July 24, 2017, the Defendant: (a) confirmed that the said real estate is without compensation regardless of whether it is an obligor and the obligor D and all money; (b) promised not to engage in any act contrary to the measures to preserve claims for return, such as lien and unauthorized occupation; and (c) signed and sealed a certificate of free residence (Possession) and a certificate of performance; and (d) delivered it to the Plaintiff along with an identification card and a certificate of personal seal impression.

C. On January 10, 2019, the Plaintiff’s successor purchased the instant real estate from the Plaintiff and completed the registration of ownership transfer on March 11, 2019.

At present, the defendant is residing in the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Byung evidence Nos. 1 through 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff succeeding intervenor is the owner of the instant real estate, and the fact that the defendant possessed the instant real estate is identical to that of the above fact-finding. Thus, the defendant is obligated to deliver the instant real estate to the plaintiff succeeding intervenor.

In regard to this, the Defendant is the actual owner of the instant real estate as the real owner of D Co., Ltd., and the confirmation and awareness of free residence is merely a document prepared for convenience in order to increase the limit of loans at the time of borrowing the instant real estate as collateral, and thus, the Defendant did not have a duty to deliver the instant real estate.

The evidence submitted by the defendant, such as the evidence of Nos. 1 and 12, is collected, and the real estate of this case is actual.

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