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(영문) 서울중앙지방법원 2018.06.22 2017가단5042909
건물명도(인도)
Text

1. The Defendant indicated the annexed Form 2, as indicated in the annexed Form 1 List No. 102, to the Plaintiff.

Reasons

1. On January 8, 1963, Korea is the owner of the above building who completed the registration of ownership transfer with respect to the building listed in the attached Table 1 list (which are underground and the first and second floors; hereinafter “instant building”).

On February 14, 2001, the Plaintiff is entrusted with the management and disposal of the instant building, etc.

Article 26 (Business Affairs) (1) of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation shall perform the following business affairs:

10. Management and disposal of property which governmental agencies entrust to the Corporation pursuant to Acts and subordinate statutes, the preservation and collection of claims, and purchase and development of related property to preserve and increase the value thereof. The defendant shall occupy 102 of the building in this case;

[Reasons for Recognition] Facts without dispute, the whole documentary evidence, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, as long as the defendant does not prove that he had a legitimate title to possess the part of No. 102 of the building of this case, he is obligated to order the plaintiff to specify the above part of possession.

B. Judgment on the Defendant’s assertion 1) From April 14, 1980 to April 14, 1980, B, the Defendant’s father, had occupied 2 partitions and 1 column of 1st floor among the instant buildings with the intention of owning 4,290,000 won. Defendant side maintained and managed the occupied part, such as repairing the roof of the instant building and paying public charges. From April 1980 to January 13, 198, B resided in the instant building. The Defendant resided in the instant building from April 9, 1982 to October 3, 1985, from June 18, 198 to January 13, 198, and from July 31, 2006 to July 31, 198 (from June 15, 198 to June 15, 198).

B January 13, 1998

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