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(영문) 의정부지방법원 2019.09.19 2018나217128
건물명도(인도)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that the plaintiff seeks to deliver the building of this case to the defendant by subrogation, who is the owner of the building of this case," added by this court, is as stated in the reasoning of the judgment of the court of first instance, except for the following determination: therefore, it is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the additional part of the building of this case is the legal owner who was originally acquired by C by constructing the building of this case, and that the Plaintiff, who purchased the building of this case from C, may claim the return of the building of this case on behalf of the Defendant by subrogation of the legal owner C, the seller of the building of this case, who was the seller of this case.

In full view of the following circumstances, namely, C transferred the instant building to the Plaintiff around 2008, the Plaintiff and the Defendant entered into a lease agreement with respect to the instant building from March 20, 2012 to March 20, 2015, including lease deposit amounting to KRW 50 million, lease terming to March 20, 2015, and the Defendant is recognized from around that time to March 20, 2015.

The buyer who purchased and occupies the real estate shall not have the title of registration as the owner on the register.

Even within the scope of the right, there is the right to possess and dispose of the real estate legally or in fact.

Thus, the plaintiff who has taken over the building of this case from the legal owner C has the authority to occupy and dispose of the building of this case legally or in fact, and the defendant occupies the building of this case by concluding a lease contract with the plaintiff.

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