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(영문) 서울동부지방법원 2019.01.11 2017가단20891
건물명도
Text

1. The Defendants are 144.19 square meters on the second floor and 144.19 square meters on the third floor among the buildings listed in the attached Table to the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. In full view of the purport of the entire argument in Gap evidence No. 1, the plaintiff (Appointed Party), the Appointed F, each of the 6/14 shares of the building listed in the separate sheet (hereinafter "instant commercial building"), the defendant C, registered as the 2/14 shares of the instant commercial building, and the Selection G, who was delegated the authority to directly own and manage the instant commercial building by the plaintiff (Appointed Party) and the Selection F, and there is no counter-proof.

B. The Defendants do not dispute the fact that each possessed the 20th and 3th of the instant commercial buildings.

(A) Defendant E, a corporation, leased and possessed 2 and 3 floors of the instant commercial buildings from Defendant C. 2. Claims and determination

A. 1) The Plaintiff (Appointed Party) asserts that, since the registration of preservation of ownership on the 2/14th portion of the commercial building of this case that was completed in the future of Defendant C is null and void, Defendant C did not have the right to possess the 2/3th class of the commercial building of this case, and there is no right to possess the remaining Defendants who occupy the 2/3 class of the commercial building of this case from Defendant C by leasing the 2/3 class of the commercial building of this case. The Defendants asserted that the Defendants have the duty to deliver the 2/3 class of the commercial building of this case to the Plaintiff (Appointed Party), the Appointer F, and G with direct possession as the co-owner of the commercial building of this case. 2) Since Defendant C is the owner of the 2/14 share of the commercial building of this case, the Defendants had a legitimate right to possess the 2/3 class of the commercial building of this case, and the Plaintiff (Appointed Party) voluntarily transferred possession on the 3rd class of the commercial building of this case to Nonparty H, and thus, the Defendants owned the right to the Plaintiff.

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