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(영문) 서울중앙지방법원 2019.09.27 2019가단5090322
건물명도(인도)
Text

1. Defendant D Co., Ltd. shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff's defendant B, and .

Reasons

1. Facts of recognition;

A. On July 28, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to E (hereinafter “E”), and it was impossible to execute the instant real estate on the ground that “E was subject to the decision of prohibition of the transfer of real estate possession (Seoul Central District Court 2019Kadan805476), but the execution of the instant real estate was commenced on April 11, 2019, on the ground that “Defendant B Co., Ltd (hereinafter “Defendant B”) and the debtor documents were discovered at the place of execution, and possession is not clear.”

B. The Plaintiff received a favorable judgment on May 22, 2019 from the lawsuit claiming the payment of the instant real estate and unpaid rent, etc. filed against E.

(Seoul Central District Court 2018dan527788). (c)

The domicile of the head office in the corporate register of Defendant D Co., Ltd. (hereinafter “Defendant D”) is the real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, and 8, the purport of the whole pleadings

2. Claim against Defendant D

A. According to the above facts of determination as to the cause of the claim, since Defendant D without title possesses the instant real estate, it is obligated to deliver the instant real estate to the Plaintiff as the owner.

(b) Judgment by based service by publication (Article 208 (3) 3 of the Civil Procedure Act);

3. Claim against Defendant B and C

A. Since the above defendants alleged by the plaintiff occupy the real estate of this case without title, they are obligated to deliver the real estate of this case to the plaintiff as the owner.

B. The reasoning of the judgment is insufficient to acknowledge that Defendant B and Defendant C occupy the instant real estate solely based on the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the above defendants is without merit.

4. In conclusion, the Plaintiff’s claim against Defendant D is justified, and each claim against Defendant B and C is dismissed as it is without merit.

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