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(영문) 수원지방법원 2015.04.09 2013가합20512
토지인도등
Text

1. Defendant KF real estate trust Co., Ltd. is the Plaintiff:

(a)Paragraph 2, 3-A, b, c, f, g, of the Schedule;

Reasons

1. Basic facts

A. The Plaintiff purchased the said land in the Suwon District Court J real estate auction case for the land listed in attached Table 1 (hereinafter “instant land”) and paid in full KRW 1,632,536,000 on August 8, 2013, and completed the registration of ownership transfer for reasons of sale due to voluntary auction as prescribed by Presidential Decree No. 137271 on September 5, 2013.

B. Of the respective buildings listed in Tables 2 and 3 on the instant land (hereinafter “each of the instant buildings”), the Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant KB Real Estate Trust”) completed the registration of transfer of ownership on the ground of trust as of the Suwon District Court’s Sung-si Registry on September 30, 2010 as of the respective buildings listed in Tables 2 and 3-A, 3-B, f, f, g, h, and h (hereinafter “Defendant KB Real Estate Trust”) (hereinafter “the part owned by the Defendant KB”), and the Defendant B completed the registration of transfer of ownership on the respective buildings listed in Tables 3-D and 5-9 of the attached Tables 3-D and e (hereinafter “Defendant B”).

C. Defendant C occupies each of the instant buildings; Defendant D resides in the building listed in paragraph (b) of the attached Table 2; Defendant E in the building listed in paragraph (h) of the attached Table 2; Defendant F in the building listed in paragraph (c) of the attached Table 2; Defendant G in the building listed in paragraph (d) of the attached Table 3; Defendant H in the building listed in paragraph (e) of the attached Table 3; and Defendant A resides in the building listed in paragraph (b) of the attached Table 3.

[Based on the recognition] Defendant C: Confession (Article 150(3) of the Civil Procedure Act); the remaining Defendants: the absence of any dispute; Gap evidence 1-7; Eul evidence 1-2; the purport of the whole pleadings and arguments

2. According to the above facts in determining the claim against Defendant C, each of the instant buildings is the Plaintiff, barring any special circumstance.

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