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(영문) 서울서부지방법원 2017.07.13 2016가단234466
건물명도
Text

1. The Defendants are provided to the Plaintiff with 7 units indicating the attached drawings among the above-mentioned-gu Seoul Metropolitan Government building with 106 square meters above ground.

Reasons

1. Determination as to the claim against Defendant C

A. Indication of Claim: The plaintiff purchased the building indicated in the order of the unregistered building from Nonparty E, and sought an order against the defendant who is an illegal possessor by subrogation of E based on the subrogation right of the creditor.

Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against the defendant B

A. Basic facts 1) E is the land of Eunpyeong-gu Seoul Metropolitan Government D 106 square meters (hereinafter “instant land”) from F around November 2012.

2) On December 8, 2014, the Plaintiff purchased the instant land and completed the registration of ownership transfer on the instant land on December 31, 2012, and ordered the construction of a new building on the instant land. (2) On July 7, 2014, the Plaintiff purchased a unregistered building on the instant land and its ground, and completed the registration of ownership transfer based on sale under the Plaintiff’s name on July 8, 2014, and changed the name of the owner from E to the Plaintiff.

3 The decision to commence voluntary sale of the instant land was subsequently rendered, and the registration of ownership transfer was made on June 29, 2016 with respect to the instant land under a third party’s name.

B. The plaintiff's judgment on the plaintiff's claim is based on E's subrogation right against the defendant, a possessor of the building of this case, on the ground that he/she purchased the building of this case unregistered from E, and thus, he/she is obligated to deliver the building, barring special circumstances.

C. As to the judgment on the defendant's right of retention, the defendant asserts that since G with a claim for construction price due to a contract for the new construction of the building in this case is occupying the building in this case by entrusting the defendant to occupy the building for the exercise of his right of retention, the plaintiff cannot respond to the plaintiff's claim.

However, as seen below, G from E the instant building.

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