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(영문) 서울중앙지방법원 2015.11.20 2014가합557419
건물명도
Text

1. It is confirmed that the Plaintiff’s lien does not exist with respect to each real estate listed in the separate sheet.

2. Defendant B, and .

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed on February 10, 2004 in the name of E, the original acquisitor on February 10, 2004 with respect to the instant real estate Nos. 1 and 2 (hereinafter “each of the instant real estate”). On the same day, the registration of preservation was completed on February 10, 204 under the name of E, the original acquisitor, and the registration of provisional disposition was completed on the temporary basis of the right to claim the transfer of ownership based on the “The right to be preserved

B. Next, on June 3, 2004, the registration of ownership transfer based on the name of the Plaintiff and F was completed in order with each other in the name of the Plaintiff and F, and on June 8, 2005, the registration of ownership transfer based on the “payment in kind by a final and conclusive judgment.”

C. After that, on November 25, 2009, the registration of transfer of ownership on the ground of “sale on November 24, 2009” was completed in the name of Intetrac Co., Ltd., and on August 11, 2015, the registration of transfer of ownership on the ground of “sale on July 15, 2015” was completed in the name of the Intervenor in each order. Accordingly, the Intervenor currently owns each of the instant real estate.

Defendant B completed each move-in report on July 8, 2004; Defendant C completed the move-in report on October 10, 2008 on the first real estate of this case; and the above Defendants currently reside in the first real estate of this case.

[Ground of recognition] Facts without dispute, Gap evidence 9, Eul evidence 4 and 5 evidence (including additional statement number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. On April 10, 2004, the Plaintiff asserted that the Plaintiff entered into a lease agreement on the instant real estate No. 1 with Defendant B, but Defendant B and C currently reside in the instant real estate without permission even though the said lease agreement was invalidated due to the Defendant’s failure to pay the deposit.

Defendant D is residing in the second real estate of this case from April 201 to April 2011 by the Plaintiff.

The Plaintiff leased the construction cost to the Defendants and the lien holder who made the secured claim as to each real estate of this case.

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