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(영문) 대구지방법원 2016.09.23 2014가단17449
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. The assertion;

A. The Plaintiff’s assertion 1) The Plaintiff is a medical corporation C (hereinafter “C”) on November 18, 201.

(A) the medical corporation that has acquired the assets under the rehabilitation procedure is a medical corporation, and the buildings listed in the separate sheet (hereinafter referred to as the “instant buildings”).

(2) On February 20, 2012, the Plaintiff completed the registration of ownership transfer on the ground of the sale on the said date. (2) However, since the Defendant occupied the instant building without any title, such as carrying out business registration from the instant building to the D Hospital funeral hall restaurant, and conducting business, etc., the Plaintiff, as its owner, shall seek the delivery of the instant building to the Defendant.

B. Defendant’s assertion 1) The Defendant leased the instant building from Nonparty E, the former owner of the instant building, and the Defendant concluded a sub-lease contract with the instant building with the consent of Nonparty C on February 10, 2011. (2) However, as the Plaintiff succeeded to the lessor’s status, the said E is entitled to possess the instant building as the lessee, and as such, the former lessee is entitled to possess the instant building.

3) Even if the lease contract with the Plaintiff was rescinded with the Plaintiff, E may refuse to deliver the instant building before the refund of deposit 100 million won. As long as E, a lessee, has the right to lawfully occupy the instant building, the Defendant also has the right to possess the instant building, or the Defendant was notified of the termination of the lease contract at the time of April 19, 2014 because the Plaintiff did not notify the lessee of the termination of the lease. Thus, the Defendant has the right to occupy the instant building until October 18, 2014 when six months have elapsed since it is apparent that the Plaintiff is the owner of the instant building.

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