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(영문) 의정부지방법원 고양지원 2017.04.26 2017가단71501
건물명도(인도)
Text

1. The defendants deliver to the non-party Korea Land and Housing Corporation the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. On November 2, 2007, Nonparty D and the Korea Land and Housing Corporation entered into a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). Nonparty D transferred to the Plaintiff the lease deposit amount of KRW 1.5.6 million, which was held against the Korea Land and Housing Corporation on November 2, 2007, and received a loan from the Plaintiff as collateral.

Non-party D failed to repay the principal and interest of loan to the Plaintiff, which was the court 2016da87615, and the Plaintiff subrogated to the Korea Land and Housing Corporation of the instant real estate to Non-party D, and the Korea Land and Housing Corporation filed a claim for transfer money to the Korea Land and Housing Corporation, and the decision to recommend settlement to deliver the instant real estate to the Korea Land and Housing Corporation was finalized on December 12, 2016.

The Korea Land and Housing Corporation has executed orders against Non-Party D in accordance with this Court Decision 2013Gahap53168, but it was impossible on May 18, 2016 to execute the delivery of real estate on the ground that the Defendants were residing in the real estate of this case.

The Plaintiff filed an application against the Defendants for provisional injunction against the transfer of real estate possession with this Court 2016Kadan1018555, and executed January 5, 2017.

【Ground for Recognition: Each entry of Evidence A 1 to 8】

2. According to the above facts of recognition, the defendants possess the real estate of this case without authority. Accordingly, upon the plaintiff's subrogation of the Korea Land and Housing Corporation, the defendants are obligated to deliver the real estate of this case to the Korea Land and Housing Corporation

The Defendants were possessed by the legitimate source of possessory right and paid 85 million won security deposit. However, there is no evidence to acknowledge that the Defendants concluded a lease agreement with the Korea Land and Housing Corporation, and the aforementioned assertion by the Defendants is without merit.

In addition, although the defendants do not occupy the defendant C, the defendant C also resides at the time of the delivery of real estate and the defendant A stated.

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