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(영문) 수원지방법원 2016.07.14 2015가합1751
건물인도 등
Text

1. The Defendants jointly do so to the Plaintiff International Asset Trust Co., Ltd.

(a) the real estate listed in the separate sheet;

Reasons

1. The following facts may be found in Gap evidence No. 1 by integrating the whole purport of the pleadings:

D After newly constructing the real estate listed in the separate sheet (hereinafter “instant housing”), D had completed the registration of ownership preservation on March 22, 2004. The Plaintiff, Korea Land Trust Co., Ltd. (hereinafter “Plaintiff Korea Land Trust”) completed the registration of ownership transfer on the instant housing based on the trust agreement with D on the same day.

B. On November 21, 2014, IM Industry Development Co., Ltd. (hereinafter “YM Industry Development”) completed the registration of ownership transfer on the instant house.

C. On November 28, 2014, Plaintiff International Asset Trust Co., Ltd. (hereinafter “Plaintiff International Asset Trust”) completed the registration of transfer of ownership with respect to the instant housing on the ground of a trust agreement with the MM industry development.

2. Determination as to the cause of action

A. The Defendants’ possession of the instant house and Defendant C do not have any dispute between the parties, and comprehensively taking account of the overall purport of the pleadings in the written evidence No. 2, Defendant A may acknowledge the fact that Defendant A completed the move-in report to the instant house from March 8, 2010, and Defendant B from July 28, 2010. The fact that Defendant C was directly served the instant complaint on March 18, 2015 is apparent in the record of the instant case.

According to the above facts, Defendant A and Defendant B are aware that they were residing in the instant house from the date of the above move-in report, and Defendant C is presumed to have been living in the instant house from March 8, 2010 after the move-in report was completed.

B. Comprehensively taking account of the circumstances seen earlier by the Defendants prior to the occurrence of the instant obligation to deliver the instant housing, the Plaintiff International Asset Trust currently holds the ownership of the instant housing, and the Defendants occupy the instant housing.

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