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(영문) 인천지방법원 2018.06.21 2017가단246110
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 27, 2010, the Real Estate Holdings completed registration of initial ownership relating to each of the instant real estate.

B. On July 6, 2010, the Defendant filed a motion with the Suwon District Court for provisional disposition of prohibiting the transfer of real estate possession with respect to the building on Pyeongtaek-si B, C, and D ground (hereinafter “instant building”), which includes each of the instant real estate, as Suwon District Court Decision 2010Kadan1353, and the said court rendered a decision citing the Defendant’s motion on July 6, 2010.

C. On July 20, 2010, the Defendant filed a lawsuit against the Suwon District Court (Seoul High Court Decision 201Na7223, August 21, 2010) claiming the recovery of possession against the Suwon L&C. On August 17, 2011, the said court rendered a judgment that “Ssung Holdings and Dong L&C shall deliver the instant building to the Defendant” (hereinafter “the judgment of recovery of possession”), and the said judgment became final and conclusive through the appellate court (Seoul High Court Decision 201Na723, August 21, 2012; the dismissal of appeal) and the appellate court (Supreme Court Decision 201Da37284, December 24, 2014) on the ground that “it is recognized that the Defendant was deprived of possession with his/her physical power during the possession of the instant building.”

On November 2, 2012, Scco Asset Trust Co., Ltd. (hereinafter “Scco Asset Trust”) completed the registration of ownership transfer based on the trust with respect to each of the instant real estate, and the Ccco Asset Trust completed the registration of ownership transfer based on the sale on September 3, 2014 with respect to each of the instant real estate to Scco Asset Trust Co., Ltd. (hereinafter “Scco Asset Trust”) on January 14, 2015.

L&C completed on January 14, 2015 the registration procedure for ownership transfer on each of the instant real estate to an International Asset Trust Co., Ltd. (hereinafter referred to as “International Asset Trust”) on the grounds of the trust on several occasions through the trust property attribution and re-trust. The trust property is again attributed to the trust property on April 15, 2016.

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