(영문) 수원지방법원 2018.12.19 2018가단1991

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.12.19 2018가단1991

건물명도(인도)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 17, 2002, C completed the registration of ownership transfer on October 2, 2002 with respect to the land of 3,050 square meters (hereinafter “instant land”). On October 2, 2002, C completed the registration of ownership transfer on the land of this case under its own name as to the real estate listed in the separate sheet (hereinafter “instant building”) constructed on the land of this case on August 2, 2010.

B. On October 5, 2010, E Co., Ltd. (hereinafter “E”) entered into a security trust agreement on the instant land, building, etc. (hereinafter “instant trust agreement”) with C, and completed the registration of ownership transfer for the instant building based on the said trust agreement on the same day.

C. After December 5, 2017, Plaintiff et al. and 12 completed the registration of ownership transfer for each of 1/13 shares of the instant building on October 30, 2017. On the same day, the Plaintiff completed the registration of ownership transfer for the remaining shares except the Plaintiff’s shares among the instant building on November 28, 2017, thereby completing the registration of ownership transfer for the entire building.

Meanwhile, around February 26, 2015, the Defendant entered into a lease contract with C, setting the lease deposit amount of KRW 50 million as to the instant building from February 27, 2015 to February 27, 2017 (hereinafter “instant lease contract”); and on March 20, 2015, entered into a move-in report with the instant building at its domicile; and the Defendant currently resides in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff who is the owner of the building of this case, except in extenuating circumstances.

3. The defendant's defense and its judgment

A. A summary of the defense of the existence of the right of lease with opposing power is leased by the defendant.

유사 판례

-수원지방법원 2018.12.19 2018가단510105

-수원지방법원 2018.11.16 2018가단1915

-춘천지방법원 강릉지원 2021.04.06 2020나31231

-수원지방법원 2019.08.23 2019나52867

-인천지방법원 2019.04.23 2018나61447