logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.11 2015가단518466
건물명도
Text

1. Of the first floor of the real estate stated in the annex to the Plaintiff:

A. Defendant A and B, Inc., are indicated in the attached Form No. 5,6, 7, 7.

Reasons

1. On February 24, 2014, the Plaintiff purchased the building indicated in the attached Form E (hereinafter “instant building”) from Nonparty E and completed the registration of ownership transfer on the following day, and the Defendant Company A (hereinafter “Defendant A”), and B, among the first floor of the building indicated in the attached Form No. A, they possess the attached Form No. 5,6, 7, 8, 8, 9, 121.40 square meters (hereinafter “B real estate”) in the ship (b) connected with each point in the order of e-mail, e-mail, e-mail, e-mail, e-mail, and e-mail. As regards the above drawings No. 1,22, c, 3, 44, and 14 square meters [hereinafter “real estate”) connected each point in the attached Form No. 3, the fact that Defendant C does not possess any dispute between Defendant D and Defendant D (hereinafter “Defendant D”) or is recognized pursuant to the overall purport of pleading and pleading.

According to the above facts, since each real estate is presumed to be owned by the plaintiff, the defendant C and D currently possess the real estate (A) and the defendant A and B currently possess the real estate (B) are liable to deliver each real estate to the plaintiff, unless there are special circumstances to the contrary.

The plaintiff alleged that the defendant A and B illegally occupied the real estate of the defendant C and D, and that the defendant B received monthly rent from the defendant C and therefore, the plaintiff is obligated to deliver the real estate of the defendant A and B to the plaintiff. However, in light of the plaintiff's assertion and the facts acknowledged earlier, the defendant A and B merely seem to have an indirect possession of the real estate through the defendant C and D, and they do not seem to have a direct possession of the real estate at present. Thus, in order to claim for the surrender or delivery on the ground of an illegal possession, the plaintiff must do so against the person who actually occupies the real property, and even if it is an illegal occupant.

arrow