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(영문) 인천지방법원 2015.09.09 2015가합1648
건물명도등
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet No. 2 attached hereto.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. As to each real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), each of the real estate listed in the attached Table No. 2 (hereinafter “instant building” as indicated in the attached Table No. 2, and the combination of each of the above real estate, the registration of creation of a mortgage over KRW 3,900,000,000 was completed in the name of the National Bank of Korea (hereinafter “National Bank”) whose debtor is a film class (hereinafter “National Bank”), under the title of the National Bank of Korea (hereinafter “National Bank”).

B. On October 18, 2013, the National Bank applied for a voluntary auction of real estate for each of the instant real estate based on the above collateral security, and received a voluntary auction decision from the Incheon District Court A on October 18, 2013, and completed the registration of the entry of the decision on voluntary auction

(hereinafter “instant auction procedure”). C.

In the instant auction procedure on October 6, 2014, the Plaintiff obtained a decision to permit the sale as the highest bidder on December 16, 2014, and paid in full KRW 2,810,000,000 for the sale price on December 16, 2014.

Around June 10, 2013, the Defendant entered into a lease contract with a set of KRW 155,00,000 with respect to each of the instant buildings as the deposit money for the lease on a deposit basis, and thereafter occupies each of the instant buildings at present.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2 ( Eul evidence 1-1, 2; hereinafter the same shall apply), Gap evidence 2, the purport of the whole pleadings

2. Determination as to the claim for extradition of the instant land

A. The plaintiff's assertion without a legitimate title occupied each of the buildings of this case and possessed the land of this case owned by the plaintiff. Thus, the defendant is obligated to deliver the land to the plaintiff.

B. As a matter of social norms, a building cannot exist regardless of its site, the land that became the site for the building is occupied by the owner of the building, and in this case, the owner of the building does not actually occupy the building or its site.

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