(영문) 대전지방법원 2017.05.11 2016가단225954

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(영문) 대전지방법원 2017.05.11 2016가단225954

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On November 2, 2016, the Plaintiff purchased real estate (hereinafter “instant apartment”) in attached Form (hereinafter “instant apartment”) from the New Real Estate Trust Co., Ltd. (hereinafter “New Real Estate Trust”) and completed the registration of ownership transfer on November 30, 2016.

B. On April 22, 2016, the Defendant filed a move-in report on the instant apartment, and currently occupied the instant apartment.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to deliver the apartment of this case to the plaintiff, the owner of the apartment of this case, unless there are special circumstances.

B. On December 22, 2015, the Defendant entered into a lease agreement on the instant apartment between C and others, and began to possess the instant apartment upon delivery at that time. The move-in report also was completed, but it is false that D, C, and E should transfer the instant apartment to another place with the Defendant’s resident registration in order to cancel the right to collateral security of the instant apartment, and the Defendant lost the opposing power as to the instant apartment by filing a move-in report with another place on January 13, 2016. Since the instant apartment was transferred under the name of C due to the act committed by C, D, and E, the Plaintiff’s acquisition of the instant apartment from an unentitled person, and thus, is not the true owner.

According to the statement in Gap evidence No. 2, Eul owned the apartment of this case and sold it to E on December 30, 2015 and completed the registration of ownership transfer under E on January 15, 2016, and Eul entrusted the apartment of this case to the New Real Estate Trust on March 23, 2016 and completed the registration of ownership transfer of the New Real Estate Trust on the same day.

However, there is no specific assertion or proof as to the invalidity of the registration of ownership transfer in the name of E.

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