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(영문) 서울중앙지방법원 2015.04.28 2014가단5049503
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Determination on the cause of the claim

A. 1) On December 18, 2013, the Plaintiff: (a) on December 18, 2013, real estate listed in the separate sheet (hereinafter “instant real estate”) in the Seoul Central District Court C Voluntary Auction proceeding.

(2) On January 10, 2014, D purchased 1/2 shares of the instant real estate from the Plaintiff on January 10, 2014, and completed the registration of ownership transfer on January 17, 2014.

3) The defendant currently occupies the real estate of this case. [The facts that there is no dispute between the parties based on the recognition, Gap evidence 1, Gap evidence 4, and the purport of whole pleadings.]

B. According to the above facts of recognition, the defendant, the possessor of the real estate of this case, is obligated to deliver the real estate of this case to the plaintiff who seeks to clarify the whole real estate of this case as a joint owner of the real estate of this case, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. On February 7, 1995, the Defendant asserted that: (a) the Defendant entered into a contract with the Defendant to complete the “F’s remaining construction of the Seocho-gu Seoul Metropolitan Government 548 square meters, H large 529 square meters, and the I large 497 square meters on the land; and (b) completed the construction of the said apartment house; (c) the Defendant has the right to invite the instant real estate until he is paid the construction price. Accordingly, the Plaintiff asserted that the contract for the remaining construction of the said apartment house entered into between the Defendant and E was lawfully rescinded, and the Defendant occupied the instant real estate without the right to possess the said real estate, and thus the Defendant occupied the said real estate without the right to occupy the said real estate, thereby illegally starting possession. (b) At the same time, the Plaintiff asserted that the building was on the land of the Seocho-gu Seoul Metropolitan Government 548 square meters, H large 529 square meters, I large 497 square meters and three lots on the land of the I large 497 square meters.

The owners of sectional ownership around May 1990.

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