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(영문) 서울고등법원 2017.02.15 2015나2059229
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The Defendants shall provide the Plaintiff with each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On December 21, 2012 due to sale and purchase on December 18, 2012, the Plaintiff, who was the owner of each real estate listed in the separate sheet 1 and 2 (hereinafter “instant land”) in the separate sheet 1 and 333.1, completed the registration of ownership transfer to Plaintiff C on December 21, 2012. Of the real estate listed in the separate sheet 2, the registration of ownership transfer was completed on May 6, 2008; the same date on May 26, 2008; the nine percent of the real estate listed in the separate sheet 2; the same date on May 26, 2008; and ten percent of the same date on July 12, 2011; and the registration of ownership transfer was completed to Plaintiff B on August 5, 2011, respectively.

(In conclusion, Plaintiff B owned 80/10 of the real estate listed in [Attachment B] list 2.B.

On the ground of the instant building that was originally constructed around early 2004 on the ground of the construction of the building and the registration of initial ownership preservation, there were two-story automobile-related buildings (hereinafter “instant old building”). Defendant D completed the real estate listed in attached Table 3 (hereinafter “instant building”) around July 2004 after removing and constructing the said building. The registration of initial ownership preservation in the Plaintiff’s name as to the instant building was completed on January 19, 2005 by Seoul Central District Court No. 4138 on January 19, 2005.

C. Around April 28, 2004, Defendant D leased the instant land and the instant building for the purpose of operating the automobile maintenance business, and then removed the instant building and newly built the instant building as seen earlier. 2) Defendant D, on May 29, 2004, established Defendant E Co., Ltd. (Defendant I through Jro Co., Ltd. at the time of its establishment, Jro, April 23, 2004, and April 14, 201, respectively changed the name of the Defendant Co., Ltd. to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

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