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(영문) 서울중앙지방법원 2019.04.11 2018가단5150173
건물명도(인도)
Text

1. The Defendants deliver each real estate listed in the separate sheet to the Plaintiffs.

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

Reasons

1. Basic facts

A. On April 3, 199, the network E completed the registration of initial ownership relating to each real estate listed in the separate sheet (hereinafter “instant real estate”) around April 3, 199, and completed the registration of ownership transfer as to each real estate listed in the separate sheet on July 4, 2010, after the deceased Party F, who is the Dong E, of Defendant C, due to the agreement on division of inherited property.

B. On March 25, 1996, Defendant C filed a move-in report on the real estate stated in paragraph (1) of the attached Table No. 1, and Defendant D, an son of Defendant C, filed a move-in report on the real estate stated in paragraph (1) of the attached Table No. 1 on March 28, 2005.

C. The Defendants possessed the instant real estate from around the day of the aforementioned move-in report to the present day.

After the registration of transfer of ownership in the F’s name was completed with respect to the instant real estate, the instant real estate was respectively established on June 20, 201 by the debtor FF, the maximum debt amount of KRW 832,00,000, the right to collateral security, which is the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the debtor H, the maximum debt amount of KRW 59,00,000, and the right to collateral

E. The Plaintiffs were selected as the highest price buyer in the discretionary auction procedure (Seoul Central District Court I) regarding the instant real estate that was commenced upon the application of the G Union and paid in full the sales price, and completed the registration of ownership transfer on the instant real estate on May 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including paper numbers), Gap evidence 4 through 6, the fact inquiry inquiry results by the JJ of limited liability company, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that the Defendants are obligated to deliver the instant real estate to the Plaintiffs, the owners of the instant real estate, as they possess the instant real estate without a legitimate right of possession.

On June 13, 201, the Defendants agreed to divide the instant real estate with F, the former owner of the instant real estate on June 13, 201, and owned by F, but the attached list among the instant real estate.

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