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(영문) 서울동부지방법원 2017.09.20 2016가단26878
건물명도
Text

1. The plaintiff (Counterclaim defendant)'s main claim against the defendant (Counterclaim plaintiff, the designated party) and the appointed party C is related to the main claim.

Reasons

1. On June 4, 2002, the Defendant sold 301 in the auction procedure for D's real estate rental in Seoul Eastern District Court D's Seoul District Court and completed the registration of ownership transfer on June 27, 2002.

After that, on May 25, 2006, the registration of transfer of ownership was completed on May 20, 2006, on May 20, 2006, and on July 15, 2016, the registration of transfer of ownership was completed on June 9, 2016.

Therefore, 301 is presumed to be owned by the plaintiff.

2. Determination as to the principal lawsuit

A. The Plaintiff asserted that the Defendant occupied No. 301 with the Appointor C, who is a child, and filed a claim for the delivery thereof.

In this regard, the defendant et al. asserts that since the plaintiff had already moved to the extension of the building volume before the registration of the transfer, the defendant et al. did not occupy 301 thereafter.

Therefore, it is the issue of whether the part of the defendant's possession which the defendant currently uses as the management office is 301 registered in the plaintiff's future.

B. The following facts can be acknowledged in full view of the facts that there is no dispute between the parties to the recognition and the records in Gap evidence Nos. 1, 2, 10, 11, 20, Eul evidence Nos. 7 and 8, the fact inquiry results against the head of Gangdong-gu in this Court and the purport of the entire pleadings:

(i) the entire building, including 301 units, (hereinafter referred to as “market building”);

A) The F market building is the F market building, which was approved for use on October 14, 1981. The existing building size was 522.8 square meters in 1,492.9 square meters in 2nd floor, 1,624.03 square meters in 2nd floor, 370.95 square meters in 3rd floor. The three floors were 346.45 square meters in 346.45 square meters in the management office, and 24.5 square meters in 256.5 square meters in 3rd floor management office, and registration was completed after being divided into 301 square meters in 89.92 square meters in 256.92 square meters in 253 square meters in 1st and 256.2nd among which the Defendant, a representative director of G, is the real estate listed in the separate list, i.e., the real estate on February 1, 199.

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