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(영문) 수원지방법원안양지원 2015.02.05 2010가합6425
건물명도 등
Text

1. The Plaintiff:

A. Defendant A and C deliver each person, 1) the real estate listed in paragraph 1 of the attached list, 2) 59,181,768, and 768.

Reasons

1. Basic facts

A. The I and J newly constructed a L-based complex building with the 11th floor above the 4th ground above the 4th underground in Ansan-si, Ansan-si, and completed the registration of ownership transfer on February 4, 2009 by the Gyeyang-gu District Court's Ansan Branch's receipt office for the 6385 registration office. On the same day, the Plaintiff completed the registration of ownership transfer due to the trust as the above I and J's receipt registry office for the Suwon District Court's Gyeyang Branch's Ansan Branch's 6386.

B. The Plaintiff is the Defendant Jinju (Nos. 402 and 901), B (No. 801), and A [Attachment List No. 1 (hereinafter “No. 401”)]

) On June 29, 2010, F (Nos. 501, 502, 701), D (No. 502), E (No. 802), and Han-ro (No. 902), etc., sought a decision of acceptance against Suwon District Court for the injunction against the transfer of possession of each real estate under heading 2010Kadan1036, 2010Kadan2442, and completed the execution of each of the above provisional dispositions on June 29, 2010.

【Ground of recognition】 The fact that there exists no dispute, Gap evidence 1-1 through 24, 2-4, 5, 10 through 14, 17, 21 through 24, and the purport of whole pleadings

2. The Defendants asserted that the contents of the Plaintiff’s assertion are either the lien holder or the buyer without a legitimate title, and occupied and used part of the Liber Complex Building as indicated in the table below without permission. Therefore, the Defendants are obligated to deliver the said possession to the Plaintiff and to pay the amount stated in the purport of the claim in unjust enrichment.

Defendant (Appointed) No. 402, 901 E802, No. 902, No. 501, 502, 701, HS No. 502, Nos. 501, G No. 502, No. 501, B801, No. 701, No. 502

3. Determination

A. The plaintiff sold Nos. 402 and 901 to M through a public auction on September 15, 201, and completed the registration of ownership transfer on March 14, 2012. The fact that around that time, the defendant's franchis transfer on possession of Nos. 402 and 901 was delivered to M under the agreement with the plaintiff.

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