logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.12.05 2018가단4300
건물명도(인도)
Text

1. The plaintiff

A. The Defendants are listed in the separate sheet

1. To deliver the building:

B. Defendant B is indicated in the separate sheet 2.

Reasons

1. Facts of recognition;

A. On July 2009, the Plaintiff: (a) leased deposits of KRW 10,00,000, monthly rent of KRW 1,100,000, and KRW 1,00,000, to F (name after the opening of the name: G) for a fixed period of five years; (b) at the time, F newly constructed a building on the instant land and agreed to transfer the ownership of the building to the Plaintiff, while the ownership of the building was transferred to the Plaintiff.

B. F shall enter the annexed list in the land of this case.

1. On November 30, 2009, a new building has been built and a registration of preservation of ownership has been made in its future.

C. Upon F’s request on November 30, 2009, the Plaintiff concluded a lease agreement with Defendant C to the end of November 30, 2014, with a deposit of 10,000,000 won for the instant land as a lessee, monthly rent of 1,10,000 won, and the period from December 1, 2009 to November 30, 2014.

F on February 19, 2010, in the separate sheet to Defendant B

1. Entry in the attached list of buildings and the newly built list thereon;

2. Sale of a building (unregistered building without permission) and entry in the attached list;

1. As to the building, Defendant B completed the registration of ownership transfer in the future.

E. The plaintiff filed against the defendants in the separate sheet

1. On March 20, 2018, after filing a claim suit, such as registration of ownership transfer concerning a building, and being sentenced to a favorable judgment, the registration of ownership transfer was completed in the future on the building.

F. The Defendants jointly possess each building listed in the separate sheet and operate a restaurant. From July 2018, the Defendants are under suspension of business.

【Ground of Recognition】 Evidence Nos. 1 through 5, 1 and 2 (including paper numbers), the purport of the whole pleadings (with respect to Defendant B and C), the fact that there is no dispute (defendant D and E)

2. Determination

A. (i) As to the basis for the claim, the separate sheet

1. According to the part of the claim as to the building, barring any special circumstance, the Defendants are indicated in the separate sheet to the Plaintiff, the owner of the building.

1. To deliver a building;

arrow