2011Na40504, Possession, recovery, etc. of the main office

2011Na40511 (Counterclaim) Possession, recovery, etc.

1. A stock company;

2. B;

3. C.

4. D;

Korea

Seoul Central District Court Decision 2010Gahap126183 Decided May 17, 2011

October 12, 2011

November 9, 2011

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed. 2. Costs of appeal are borne by the Plaintiff (Counterclaim Defendant).

1. Purport of claim

[Main Claim] The Defendant (Counterclaim Plaintiff; hereinafter the Defendant) delivered to the Plaintiff (Counterclaim Defendant; hereinafter the Plaintiff) the attached Form Nos. 1, 2, 3, 4, and 1 of the real estate listed in the attached Table Nos. 1, 42.8 meters each of the items listed in the attached Table Nos. 1, 2, 3, 4, and 1, and the building No. 42.88 meters each of which was successively connected to the real estate listed in the attached Table No. 1, 42.8 meters, and the Plaintiffs’ access to, and possession of, the said real estate shall not be obstructed. If the Defendant interferes with the Plaintiff

[Counterclaim] The plaintiff (Counterclaim defendant) delivered to the defendant (Counterclaim plaintiff) the part of the building F. 42.88 square meters in the part of the building E (A) connected each point of the attached Form No. 1, 2, 3, 4, and 1 among the real estate listed in the attached Table No. 1, 2, 3, 4, and 1.

2. Purport of appeal

All principal lawsuit and counterclaim of the judgment of the court of first instance shall be revoked. The judgment identical with the purport of the principal lawsuit and the defendant's counterclaim shall be dismissed.

1. cite the judgment of the first instance; and

The reasons why this court should explain are as follows: 3. Except for the supplement of the following judgments with respect to counterclaim claims, it is identical to the entry of the judgment of the court of first instance in accordance with Article 420 of the Civil Procedure Act.

2. Supplementary parts

In full view of the purport of the arguments in the above evidence, the possession of the plaintiffs by the above court pursuant to the provisional disposition decision as of November 5, 2010 (hereinafter "the provisional disposition decision of this case") in the Seoul Central District Court 2010Kahap2800 filed against the defendant.

The Defendants returned the instant real estate to the Plaintiff and possessed it by the Plaintiffs, and thereafter, acknowledged the fact that the Plaintiffs still occupied the instant real estate even though the said provisional disposition decision was revoked in the application case for revocation of provisional disposition on January 20, 201, the same court 2010Kahap3567.

Thus, even if the possession of the plaintiffs' real estate was a temporary possession, not a conclusive one, at the first time, even though the provisional disposition order of this case was revoked, so long as the real estate of this case still did not return it to the defendant, it is reasonable to deem that from that point of time the defendant expressed a conclusive intention of possession. In the counterclaim of this case, notwithstanding the cancellation of the provisional disposition order of this case, the plaintiffs' assertion that the plaintiffs are entitled to deliver the real estate of this case as they did not return it to the defendants. Thus, the plaintiffs

3. Conclusion

Therefore, the judgment of the court of first instance is justified with its conclusion, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition.

The presiding judge, judge and assistant administrator;

Judge Cho Jae-soo

Judges Kim Jong-soo

1) After the judgment of the first instance court of this case was rendered, the plaintiffs returned the real estate of this case to the defendant, but such return was made by the declaration of provisional execution of the judgment

I seem to have returned.

A person shall be appointed.

A person shall be appointed.