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(영문) 서울동부지방법원 2015.01.28 2014나22217
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant is attached Form 2, among the buildings indicated in the indication of the attached Table 1 building to the plaintiff.

Reasons

1. The following facts can be acknowledged by taking account of the following facts: Gap evidence 1-1, Gap evidence 2, 3-4, Eul evidence 5-1, 2-5-1, 6-1 through 12, Gap evidence 7, Gap evidence 8-1, 9-1, 2-2, 1-2, 2-2, 5-2, Eul evidence 4-1, 5-2, Eul evidence 12-5, Eul evidence 1-1 through 12-5, Eul evidence 13-1 through 10, Eul evidence 14-5, Eul evidence 15-1, 2-2, and the whole purport of pleadings.

On June 19, 195, New Co., Ltd. newly constructed a building indicating the building on the 7th basement and the 8th floor above ground (hereinafter “instant building”) with a building permit granted on March 24, 1997, and completed the registration of ownership transfer on March 25, 1997, after obtaining approval for use on March 24, 1997, and completed the registration of ownership transfer on March 27, 1997 to Korea Real Estate Trust Co., Ltd. on March 27, 1997.

B. On April 10, 2002, ASEAN Development Co., Ltd. purchased the instant building from the Korea Real Estate Trust Co., Ltd., and completed the registration of ownership transfer on July 4, 2002, at the same time, the registration of ownership transfer was completed on July 4, 2002 to the Korea Property Trust Co., Ltd., and thereafter, on April 24, 2003, the registration of ownership transfer was completed on April 21, 2003 on the instant building.

C. On April 21, 2003, the building of this case was converted into an aggregate building subject to divided ownership from one building upon obtaining approval for the extension, large-scale repair, and alteration of the purpose of use of the building of this case prior to the above transfer registration. As a result, the building of this case was registered as an aggregate building on April 24, 2003, and the building of this case was registered as the building ledger and the real estate registration register on the building of this case as the aggregate building site of this case on the same day.

The Ami-Sa Development Co., Ltd.

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