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(영문) 인천지방법원 2016.04.26 2014가단256581
건물명도
Text

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

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

Reasons

1. Basic facts

A. The registration of the preservation of ownership in the name of the same-sex Construction Co., Ltd. was completed on August 20, 199 as the receipt of No. 113928 on August 20, 199 with respect to the real estate listed in the attached real estate list (hereinafter “instant real estate”).

B. As to the instant real estate, the registration for transfer of ownership in the name of the Plaintiff was completed as of August 20, 199 by the Incheon District Court Seocheon Registry No. 114673, August 20, 199, as of August 20, 1999.

C. On February 18, 1999, the defendant made a move-in report to the real estate of this case, and around that time, the defendant is residing in the above real estate from that time to the closing date of the argument of this case.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, purport of whole pleadings]

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is that the Defendant occupied the instant real estate without any title. As such, the Plaintiff, the owner of the instant real estate, filed the instant lawsuit to deliver the instant real estate.

B. A summary of the Defendant’s assertion 1) The Defendant concluded a contract for the sale of same-sex Construction Co., Ltd. and the real estate in this case, the title of the registration for the preservation of the instant real estate, and paid the sale price in full. Even if not, the extinctive prescription of the right to claim the sale price of same-sex Construction Co., Ltd. has expired. Therefore, the Defendant is the actual owner of the instant real estate, and thus the Plaintiff

(2) The Defendant paid the sales price of the instant real estate to the same-sex comprehensive construction company, and according to Article 2 of the terms and conditions of the trust agreement, the Plaintiff, the trustee, should issue the documents necessary for the transfer of ownership to the person designated by the first beneficiary.

Thus, the plaintiff eventually issues documents necessary for the registration of transfer of ownership to the defendant, or can obtain the registration of transfer of ownership of the real estate of this case.

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