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(영문) 수원지방법원 2019.01.23 2018가단523880
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On August 2, 2010, F completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

B. G Co., Ltd (hereinafter “G”) entered into a real estate security trust agreement with F on October 5, 2010 with respect to the instant building (hereinafter “instant trust agreement”), and on the same day completed the registration of ownership transfer based on the said trust agreement.

C. Since then, on December 5, 2017, the Plaintiff completed the registration of ownership transfer for the instant building on November 28, 2017.

Meanwhile, the Defendants occupy the instant building.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to deliver the instant building to the Plaintiff, the owner of the instant building, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendants asserted as follows: (a) Defendant E entered into a lease agreement with Defendant E to lease the instant building; (b) pursuant to that lease agreement, the Defendants occupied the instant building; and (c) from September 2015, after the expiration of the lease agreement, from around September 2015, the construction of the instant building was subcontracted to H, I, and J Co., Ltd.; (d) under the delegation of the exercise of the lien to secure the claim for the unpaid construction price; and (e) under the lien, the Defendants asserted that the instant building may be contested against the Plaintiff.

B. The reasoning of the judgment is as follows: (a) K is a legitimate lien holder with respect to the instant building; and (b) from September 2015, the Defendants exercise the lien on the instant building from September 2015.

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