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(영문) 청주지방법원 2015.08.28 2014가단155948
건물인도등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Each registration of ownership transfer in the name of G, H, and I was completed with respect to the land of this case on May 10, 2013 and July 31, 2013 with respect to each of the instant land on the grounds of sale from May 1, 2013 to July 30, 2013, the registration of ownership transfer in each of the instant land was completed in each Plaintiff’s name on the grounds of sale from May 1, 2013 to July 30, 2013.

B. On May 7, 2013, the Plaintiff changed the name of the owner registered in the name of G as to the building listed in the separate sheet (hereinafter “instant building”) that was newly constructed on each of the instant land (hereinafter “instant building”) to the name of the Plaintiff. After that, the Plaintiff received a certificate of change of construction participants from the competent authority, and completed the registration of change in the name of the Plaintiff as to the instant building on July 31, 2013.

C. Meanwhile, from August 23, 2013, the Defendants occupied and used the fourth floor of the instant building from around August 23, 2013 to the date of the closing of argument in the instant case (hereinafter “instant building”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties’ assertion and the issues of the instant case

A. The Plaintiff’s assertion 1) The Plaintiff, who was the actual owner of each of the instant lands and buildings, had a claim of KRW 230 million in total, including investment deposit claims, against J. However, on May 2013, the Plaintiff agreed that the ownership of each of the instant lands and buildings, which was held in title trust under the name of J, etc., including G, under the pretext of accord and satisfaction with the said claims, shall be transferred. The Plaintiff’s assertion that the ownership of each of the instant lands and buildings was transferred in title trust under the name of J, etc., and that each of the instant lands and buildings shall be registered in

each complete the proceedings.

Therefore, the defendants who possess without title the part of the building of this case are the buildings of this case.

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