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(영문) 서울서부지방법원 2014.12.05 2014나424
부동산명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The Plaintiff owned the real estate listed in the separate sheet (hereinafter “instant building”), and the facts that the Defendants occupied the instant building and reside therein do not conflict between the parties. Thus, the Defendants are obligated to deliver the instant building to the Plaintiff, barring any special circumstance.

2. Judgment on the Defendants’ assertion

A. (1) Determination as to the Defendants’ assertion on title trust (1) The instant building, the summary of the Defendants’ assertion, continued to be owned and managed at the general meeting of the Korea Culture and Arts Council Joint Reform Assembly (hereinafter “general meeting”). Since the instant building title trust was held against C, who is the members of the general meeting, and again donated C to the Plaintiff, the Plaintiff is merely the title trustee.

Therefore, under the premise that the Plaintiff is the owner of the instant building, the Defendants cannot seek delivery of the instant building against the will of the general meeting, the title truster.

(2) According to the records of Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, Eul evidence Nos. 10-1 to 10-3, Eul evidence Nos. 11, Eul evidence Nos. 1 to 12, and Eul evidence Nos. 1 to 8, one of the following facts: (1) Yongsan-gu Seoul Metropolitan Government D-148.8m2 (hereinafter "the land of this case") and the building of this case on the land of this case on the land of this case on or around March 198, the provisional registration of the right to claim ownership transfer was completed on or around March 1992 under the name of Eul, which is the general assembly manager, around March 1, 192; (2) the ownership transfer registration was completed on the land of this case on or around the date of death of Eul; (3) the ownership transfer registration was completed on or around July 5, 201 under the name of Eul, the general assembly and related parties to the land of this case; and (4) the plaintiff No. 181.

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