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(영문) 청주지방법원 제천지원 2018.08.29 2018가단20190
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B shall enter 42.75 square meters on the 1st floor of the building listed in the attached Table 1 List 3, and the attached Table 2 List 3.

Reasons

1. Facts of recognition;

A. On November 18, 2014, the Plaintiff purchased each of the instant real estate listed in the separate sheet No. 1 from J from November 18, 2014, each of the instant real estate listed in the separate sheet No. 2 from J (hereinafter collectively referred to as “each of the instant real estate”), and completed the registration of ownership transfer on November 25, 2014 for each of the instant real estate.

B. Each of the instant real property is part of the site and buildings of the “Kpent”.

Since June 2014, Defendant B has been managing and operating the penture.

C. On October 8, 2015, Defendant B asserted that he/she purchased each of the instant real estate, and the Plaintiff is a title trustee who was entrusted with only his/her registration title. In subrogation of the seller of each of the instant real estate, Defendant B filed a lawsuit against the Plaintiff seeking procedures for cancelling the ownership transfer registration of each of the instant real estate on behalf of the relevant seller.

Defendant B was sentenced to a favorable judgment in the first instance on September 22, 2016 (Cheongju District Court Decision 2015Gahap10199), but on September 17, 2017, Defendant B was sentenced to the dismissal of the lawsuit on the ground that there was no claim for ownership transfer registration against the sellers of each real estate of this case, a preserved right, since it was not recognized that Defendant B purchased each of the real estate of this case in the appellate trial.

Daejeon High Court (Cheongju) 2016Na12206). The judgment of the above appellate court became final and conclusive on December 27, 2017 through the final appeal.

(Supreme Court Decision 2017Da266405, hereinafter referred to as “related civil litigation”). D.

The Defendants, after October 8, 2015, possess or occupy part of each of the instant real estate as follows:

Defendant C, D, E, F, G, and H are leased and possessed from Defendant B each of the corresponding parts in the following table possession column.

The section of possession is "one point below the first floor of the building listed in attached Table 1 List 1 List 2, which is non-existent for the period of possession."

Defendant B directly from October 8, 2015 to March 31, 2017, Defendant B from October 8, 2015.

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