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(영문) 수원지방법원 2015.02.13 2014가합65185
건물명도
Text

1. The Defendants deliver each of the pertinent real estate stated in the “object of Delivery” column in the separate sheet to the Plaintiff.

2...

Reasons

1. Claim against Defendant B and D

A. On May 7, 2012, with respect to each real estate listed in the separate sheet for determination as to the cause of the claim (hereinafter “each of the instant real estate”), the registration of ownership was completed in the name of the Bad Industrial Co., Ltd. on May 7, 2012. On the same day, the registration of ownership transfer was completed in the name of the Plaintiff on the grounds of the trust as of May 4, 2012, and without being granted any source of right from the Plaintiff, the fact that Defendant B occupied each of the instant real estate listed in the separate sheet No. 2, and Defendant D occupied each of the real estate listed in the separate sheet No. 3 and No. 3 of the separate sheet can be recognized in light of the overall purport of the pleadings.

According to the above facts, each of the instant real estate owned by the Plaintiff, and Defendant B and D possessed each of the real estate listed in paragraphs (2) through (3) of the same list without permission. Thus, barring any special circumstance, Defendant B, and Defendant D are obligated to deliver each of the real estate listed in Paragraph (2) of the same list to the Plaintiff, Defendant B, and Defendant D, respectively.

B. As to the Defendant B’s assertion, the above Defendant concluded a real estate consulting service contract with scars Construction Co., Ltd. (hereinafter “Scars Construction”), which is the contractor of the O apartment, to which each of the instant real estate belongs, and performed the service, but did not receive the service cost. As to the payment of the above service price to the Plaintiff of scars Construction, Defendant B concluded a sales contract with scars Construction Co., Ltd. with the scars Construction Co., Ltd. (hereinafter “Scars Construction”), and it is so argued that there was a legitimate right to possess 5 bonds including each real estate

According to the evidence Nos. 1-3, 4, and 4-Ma No. 4, Defendant B as the representative director of P Co., Ltd. (hereinafter “P”), paid the unpaid service cost of KRW 350,000,000 to the real estate consulting service contract between scarcity Construction and P.

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