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(영문) 대구지방법원 경주지원 2018.02.23 2016가단1420
건물명도 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty D Co., Ltd (formerly “E Co., Ltd.”; hereinafter “D”) was subcontracted by Nonparty F Co., Ltd. (hereinafter “F”), around 1998, part of the construction works among the construction works on the ground and the construction works on the ground of G, etc. at the time when the F was constructed.

B. On February 19, 199, F agreed with D to sell the real estate listed in the separate sheet (H apartment I; hereinafter “instant apartment”) to D in lieu of the payment of the unpaid construction cost related to the said subcontracted project (hereinafter “first collateral reimbursement agreement”).

C. On November 18, 199, the Defendant agreed that the ownership of the instant apartment shall be transferred from D in lieu of the Defendant’s repayment of the Defendant’s claim against D (hereinafter “Second Physical Performance Agreement”). D.

Since F, as the owner of the above H apartment, the above apartment was completed, and the defendant has actually occupied and managed the above apartment since the completion of the above apartment after being delivered the above apartment and leasing it to another party.

E. On April 3, 2015, F (J) completed the registration of transfer of ownership under the name of the Plaintiff (JJ) on April 3, 2015 (hereinafter “instant registration of transfer of ownership”) from April 3, 2015 to April 22168 of this Court, which was received on April 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 1 to 9, significant facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. On April 3, 2015, the Plaintiff’s summary of the Plaintiff’s assertion acquired the ownership of the instant apartment.

However, the defendant has been paid the rent of KRW 350,00 per month by leasing the apartment of this case to another person while indirectly occupying the apartment of this case without any authority until now.

Therefore, the Defendant, the owner of the instant apartment, is the Plaintiff.

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