logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.11 2017가단517185
건물명도(인도)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On the first floor of multi-household housing in attached Form 1 (hereinafter “instant building”), the current status of the building attached to the aggregate building ledger is also located on the right side based on the stairs, and the real estate indicated in the main 101 as well as the main 102 as the main gate display (hereinafter “real estate in this case”). On the left side of the stairs, the current status of the building is also located on the 102th floor and the main 101 as the main gate display (hereinafter “real estate in this case”).

B. According to the entry in the real estate registry, 101 square meters of the instant building was completed the registration of ownership transfer as to D and E on December 21, 2005 with respect to the portion of exclusive ownership 78.72 square meters, and Plaintiff A’s shares, and Plaintiff B purchased each share of D and completed the registration of ownership transfer as to each share on March 2, 2016.

C. According to the entry in the real estate registry, 102 square meters of the instant building is the section for exclusive use 78.72 square meters, F completed the registration of ownership transfer on October 13, 2005, and on July 30, 2015, the Seoul Central District Court G issued a decision to voluntarily commence auction (hereinafter “instant voluntary auction procedure”) and completed the registration of ownership transfer on September 1, 2016 by the Defendant for sale due to voluntary auction.

After completing the registration of ownership transfer for 101 listed in the real estate registry, the Plaintiffs acquired and possessed the instant real estate No. 102, but the Defendant filed an application against the Plaintiff B for an order to deliver real estate No. 102 to the Seoul District Court H, and the said court rendered a decision to accept the Defendant’s application on October 12, 2015.

The Plaintiffs delivered the instant real estate No. 102 to the Defendant on October 26, 2016 according to the aforementioned decision.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion is that of the instant building.

arrow