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(영문) 서울북부지방법원 2017.07.05 2016가단13090
건물명도
Text

1. The Defendants:

A. To deliver to the Plaintiff the real estate listed in the attached list;

B. Joint ventures with the Plaintiff 8,074.

Reasons

Basic Facts

With respect to the real estate listed in the separate list on the registration relation of the building of this case (hereinafter the building of this case), the registration of preservation of ownership has been completed on February 10, 2004 by the commission of the registration of provisional disposition by the creditor E Union, and on the same day, the registration of provisional disposition against disposal has been completed in the future of E Union, and the registration of provisional disposition against disposal has been completed on June 3, 2004 and the registration of transfer of 1/2 shares has been completed in the future of the Intervenor and G on March 4, 2004.

E Union filed a lawsuit against F on April 8, 2005 against F, such as the Seoul Central District Court 2004Gahap56610, for the registration of cancellation of ownership transfer, etc., and on April 8, 2005, the above court rendered a judgment without holding any pleadings that “F shall implement the procedure for ownership transfer registration due to a payment arrangement on May 15, 2003,” and the above judgment became final and conclusive around that time.

Based on the above final judgment, E Union completed the registration of ownership transfer concerning the building of this case on June 8, 2005, and the registration of ownership transfer in the name of Intervenor and G in conflict with the registration of provisional disposition under the above paragraph (1) was cancelled ex officio. H Co., Ltd. (hereinafter “H”).

(1) On November 25, 2009, the Plaintiff acquired the ownership transfer registration of the instant building from E Union on November 24, 2009 due to sale and purchase as of November 24, 2009. The Plaintiff received the ownership transfer registration from H on August 11, 2015 due to sale and purchase as of July 15, 2015. The Defendants, such as the possession of the instant building, leased the instant building from the Intervenor claiming to be the owner of the instant building and resided around that time. The Plaintiff filed a provisional disposition order against the Defendants on March 31, 2016, ordering the Seoul Northern District Court 2016Kadan792 prohibition of real estate possession transfer to the Plaintiff, and completed the provisional disposition execution on April 14, 2016, the Defendants occupied the instant building from H on August 13, 2016 to the date on which the Defendants occupied the instant building from the Intervenor.

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