logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.20 2015나46895
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant asserts that the plaintiff's completion of the registration of ownership transfer concerning the building of this case constitutes a litigation trust.

However, it is not sufficient to recognize that the Plaintiff completed the registration of ownership transfer with respect to the building of this case, mainly for the purpose of evading the payment of construction costs or the amount agreed upon against the Defendant, solely with the descriptions of the evidence Nos. 3 through 5 and 8 (including each number), and there is no other evidence to acknowledge otherwise.

Therefore, the defendant's defense is without merit.

2. Judgment on the merits

A. As to the instant building, the registration of ownership transfer was completed in the name of national land construction on November 20, 209, and the registration of ownership transfer was completed in the name of national land construction on March 15, 2013, and the provisional registration of the right to claim ownership transfer, which was completed in the name of C as to the instant building, was transferred to D on December 9, 2013. The Plaintiff was transferred from D on January 2, 2015. The Plaintiff completed the registration of ownership transfer of the instant building on March 3, 2015; the fact that the Defendant currently occupies the instant building does not conflict between the parties, or that the entire purport of the pleadings in the statement in subparagraph 1 is recognized.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, barring special circumstances.

B. On June 2002, the construction of the apartment building including the instant building was suspended during the process of construction of new apartment including the gist of the Defendant’s assertion on the Defendant’s assertion, and the Plaintiff has been performing a test construction as to the said apartment building 208 upon receiving a proposal from E, the head of the lower office of the apartment construction site of the said apartment site, “I want to sell the interior construction on a good condition.”

However, in 205, F, the constructor who received the whole apartment including the building in this case, is the constructor who received the repayment of the whole apartment.

arrow