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(영문) 대구지방법원 2017. 10. 26. 선고 2017가단113614 판결
건물명도(인도)
Cases

2017 Gaz. 113614 Building Names (Delivery)

Plaintiff

Korea Asset Trust Corporation

Defendant

1. A;

2. B

Conclusion of Pleadings

oly 12, 2017

Imposition of Judgment

October 26, 2017

Text

1. The Plaintiff:

A. Defendant A delivers the real estate listed in the separate sheet No. 1;

B. Defendant B shall deliver the real estate listed in the separate sheet 2.

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

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

Judges

Judges Nam Jae-in

Site of separate sheet

Grounds for Claim

1. Ownership of the real estate listed in the attached list 1 and 2 (hereinafter referred to as "real estate of this case");

The instant real estate was owned by Nonparty D through Nonparty C, and the ownership transfer registration was completed on December 16, 2015 as a result of the redevelopment of the relevant group of real estate on December 16, 2015, and on July 5, 2016, trust registration was made as owned by the Plaintiff.

2. Progress redevelopment projects;

The Plaintiff is a company that performs construction projects, etc. to perform the entrusted real estate and the entrusted real estate development projects, and the instant real estate is currently conducting redevelopment as the project site of the E Regional Housing Association.

3. Lease contract;

The defendants are the previous owners of the above D and the lease agreement on the real estate of this case.

As the plaintiff does not possess a lease contract, the contents of the lease contract cannot be known.

4. Termination of the lease contract;

As seen in the preceding two paragraphs, the instant real estate is a redevelopment project site of the E Regional Housing Association, and it is now pending in the current re-association with the redevelopment project.

Nevertheless, without any title, the defendants do not comply with the name of the person who illegally occupies the real estate of this case.

Therefore, the plaintiff would terminate the above lease by serving a duplicate of the complaint of this case.

5. Conclusion

As above, the defendants are obligated to order the plaintiff to clarify the real estate of this case, so the plaintiff has filed the claim of this case in order to seek a judgment, such as the purport of the claim against the defendants.

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