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(영문) 대전지방법원 2015.01.22 2014가단211432
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. Nonparty B Co., Ltd. (hereinafter “B”) was the executor of the construction of the Daejeon Building Co., Ltd., and completed the registration of preservation of ownership on the real estate stated in the attached Form (hereinafter “instant real estate”) on March 9, 2007. On the same day, the registration of ownership was changed to “one asset trust for a stock company” (the trade name was changed to “one asset trust for a stock company”; hereinafter “the third party trust company”) and completed the registration of ownership transfer on the ground of trust in the future of the Nonparty trust company.

B. On March 16, 2009, in order to secure the claim equivalent to KRW 170 million with respect to B, the Defendant entered into a lease agreement with B to lease the instant real estate by setting the lease deposit amount of KRW 170 million with the term from March 16, 2009 to March 15, 2010 (hereinafter “instant lease agreement”), and replaced the said lease deposit with the said claim without paying the lease deposit.

C. B, around April 9, 2012, decided to transfer the ownership of the instant real estate to the Plaintiff as a substitute for payment in kind for the Plaintiff’s obligation, including construction cost, to the Plaintiff. Accordingly, after completing the registration of ownership transfer due to the reversion of trust property in B in the future, B completed the registration of ownership transfer due to payment in kind in the future of the Plaintiff.

On April 10, 2012, the Plaintiff completed the registration of ownership transfer based on the trust regarding the instant real estate in the future of the non-party trust company. On May 9, 2014, the Plaintiff completed the registration of ownership transfer based on the trust property attribution.

E. The Defendant occupied the instant real estate at the time of the conclusion of the instant lease agreement, and completed the move-in report on March 23, 2009, and continued to occupy the instant real estate until the present time.

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