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(영문) 수원지방법원 2016.04.07 2015가단136674
건물인도 등
Text

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

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

3...

Reasons

1. Facts of recognition;

A. On May 28, 2015, in relation to the construction of a new housing construction project for the zone B complex complex in the zone A (hereinafter “instant construction project”), a corporation obtained the approval of the housing construction project plan in relation to the construction of a new housing complex in the zone B zone A (hereinafter “instant project”). The Plaintiff obtained the approval of the alteration of the housing construction plan from the self-mining construction company to the Plaintiff on July 23, 2015 after succeeding the instant project from the self-mining construction company.

B. Nonparty C owned 1/4 shares of each of the instant land G site G in Suwon-si, located in the instant project zone with D, E, and F (hereinafter “instant land”), and owned a building indicated in the attached list on that ground (hereinafter “instant building”). On December 12, 2012, the Defendant: (a) leased the instant building from C to December 31, 2012, with the lease deposit amounting to KRW 120 million; (b) leased the instant building from December 31, 2012 to December 31, 2017; and (c) leased the instant building at KRW 10 million from the lease deposit period to December 31, 2017; and (d) thereafter, the said building was transferred around that time, and thereafter, operated the said automobile maintenance facility in the instant building.

C. On May 20, 2015, the Plaintiff purchased the instant land and the instant building from C, and completed the registration of ownership transfer in the name of the Plaintiff on May 29, 2015, and completed the registration of ownership transfer in the name of the Plaintiff on the instant land. On the same day, the Plaintiff entrusted the instant land to one asset trust company and completed the registration of trust. On July 28, 2015, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff.

【Ground of recognition】 The facts without dispute, entries in Gap evidence 1, 2, and 11 (including each number in the case of provisional number) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant who occupies the building of this case has a duty to deliver the building of this case to the plaintiff seeking the removal of disturbance as the owner of the building of this case, barring special circumstances.

3. Defendant’s assertion and judgment

A. The assertion that the status of the lessor of the lease agreement is succeeded.

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