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(영문) 인천지방법원부천지원 2020.11.25 2020가단111286
건물인도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

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

Reasons

In full view of the purport of Gap evidence Nos. 1 and 5, the plaintiff entered into a real estate security trust agreement with D on July 20, 2018 with regard to the real estate listed in the separate sheet (hereinafter referred to as "the real estate in this case"), and completed the registration of ownership transfer as to the real estate in this case on the same day. After E purchased the real estate in this case on December 31, 2018 and completed the registration of ownership transfer as of December 31, 2018, the plaintiff again entered into a real estate security trust agreement with E on the same day, and completed the registration of ownership transfer as of the real estate in this case on the same day. According to the above real estate security trust agreement, the trustee cannot establish the right, such as the lease, if there is no prior consent, and the defendant C entered into a lease agreement with D on November 27, 2018, and paid the above two million won to D and the defendants paid the above real estate as of the date of closing argument.

2. According to the above facts found, the Plaintiff, the owner of the instant real estate, may request the Defendants who possessed the instant real estate without a legitimate title to transfer the said real estate.

The defendants entered into a lease agreement with defendant F and D, and paid the lease deposit. It is a defense to the effect that the legitimate title is possessed or the plaintiff should return the lease deposit.

According to the above facts, Defendant C entered into a lease agreement with D, but at the time of entering into the above lease agreement, D had already entered into a real estate security trust agreement with the Plaintiff on the instant real estate, and the owner of the copy of the register of the instant real estate was the Plaintiff. Thus, the Defendants cannot oppose the Plaintiff by a lease agreement entered into with D, the trustee without the Plaintiff’s consent.

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