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(영문) 서울중앙지방법원 2017.03.30 2016가단5221279
건물명도
Text

1. For the plaintiffs:

A. Defendant C is the first floor of 106, 108, 109, 110, 111, 112, 113, 114, among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiffs had a claim against Defendant C between husband and wife.

B. On January 4, 2016, the Plaintiffs agreed to purchase real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from Defendant C in the amount of KRW 4,588,500,000 and intermediate payment of KRW 1,624,50,000 and intermediate payment of KRW 459,000,000 in lieu of the Plaintiffs’ payment with the Defendant C’s claim against the Defendant, and the remainder amount of KRW 2,505,000,000 in lieu of the Plaintiffs’ payment with the claim against the Defendant C, and the Plaintiffs received a loan as security and paid to Defendant C on January 29, 2016. Defendant C agreed to deliver each of the instant real estate to the Plaintiffs by July 27, 2016.

C. On January 29, 2016, the Plaintiffs paid the remainder to Defendant C, and acquired the ownership of 1/2 shares of each of the instant real estate by completing the registration of ownership transfer under the Sung-nam Branch of Sung-nam Branch of Suwon District Court (Seoul Branch of District Court) No. 2382, Jan. 29, 2016.

Defendant C occupies No. 106, 108, 109, 110, 111, 112, 113, 114, and 115 of each of the instant real property. Defendant D occupies No. 102 and 104 of each of the instant real property, and Defendant E Co., Ltd occupies No. 101, 103, 105, and 107 of each of the instant real property.

[Reasons for Recognition] Defendant C and D: The absence of dispute, each entry and the whole purport of pleading as to Gap's evidence Nos. 1 through 222, Defendant E: The offer of confession under Article 150 (3) of the Civil Procedure Act

2. According to the above facts of determination as to the cause of the claim, Defendant C occupies the first floor No. 106, 108, 109, 110, 111, 112, 113, 114, and 115 among each of the instant real estate. Defendant D occupies the first floor No. 102, 104 among the instant real estate, and Defendant C Co., Ltd occupies the first floor No. 101, 103, 105, and 107 among each of the instant real estate, and thus interferes with the exercise of the Plaintiffs’ right to ownership, which is the owner of the instant real estate.

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