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(영문) 서울남부지방법원 2020.04.23 2019가단262586
건물명도(인도)
Text

1. The Defendants shall withdraw from the building indicated in the attached list to the Plaintiff.

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

3.

Reasons

1. Facts of recognition;

A. On April 29, 2015, D concluded a sales contract with respect to the buildings listed in E and the separate sheet (hereinafter “instant building”) at KRW 785,00,000,000. D paid down payment of KRW 203,00,000 on the date of the contract and the remainder of KRW 582,00,000 on May 8, 2015.

B. After that, the Plaintiff entered into a sales contract again by setting the sales price of KRW 787,564,650 between D and E, and concluded a sales contract again between D and E. The Plaintiff agreed to substitute the down payment of KRW 203,00,000 already paid to E as the instant down payment, and paid the remainder of KRW 584,564,650 on June 8, 2015.

B. On June 8, 2015, the Plaintiff revoked the attachment and provisional attachment of the instant building, and repaid the remainder of KRW 91,300,000 to E on the grounds that the secured debt of the right to collateral security was repaid on behalf of the Plaintiff.

C. On June 9, 2015, the Plaintiff completed the registration of ownership transfer on the instant building due to sale on April 29, 2015.

The Defendants are occupying the instant building while residing in the instant building from May 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including branch numbers, if any) and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendants who are residing in the building of this case, barring special circumstances, have the duty to leave the building of this case.

B. As to the defendants' assertion, the defendants are occupying the building of this case with the permission from D, and the defendant B is a shareholder of the F of the Dispute Resolution Co., Ltd., who is the representative of D, and borrowed money to the F of the Dispute Resolution Co., Ltd., and therefore, he has the authority to occupy the

According to the evidence Nos. 1 and 2, Defendant B is a shareholder of the Fund for the Settlement of Disputes; the fact that it is transferred from the account of the Fund for the Settlement of Disputes to the account of the Bank of Korea of the Fund for the Settlement of Disputes on April 28, 2009 to E; the fact that it is transferred from the account of the Fund for the Settlement of Disputes to the account of E on April 28, 2009 to KRW 150 million;

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