(영문) 대구지방법원경주지원 2015.01.27 2014가단3200

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(영문) 대구지방법원경주지원 2015.01.27 2014가단3200

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. If there is no dispute between the parties to the judgment as to the cause of the claim, or if the purport of the entire pleadings is added to the entries in Gap evidence Nos. 1, 6, and 10, the Plaintiff acquired the ownership of the building listed in the separate sheet (hereinafter “instant building”) on May 23, 2014, and the Defendant is currently occupying the instant building. Thus, if the Defendant fails to prove the source of possessory right to the instant building, it is obligated to deliver the instant building to the Plaintiff.

2. Defendant’s assertion and judgment

A. The Defendant’s mother, on May 14, 2009, entered into a lease agreement on the instant building with KONEX Co., Ltd., the owner of the instant building, and thereafter reside in the instant building from that time. Since the Defendant currently resides in the instant building, the Defendant has the right to occupy the instant building based on the said lease agreement.

B. The following facts are acknowledged if the aforementioned facts are added to the evidence and the statements in Eul evidence Nos. 1, 2, and 3, and the fact-finding results in one asset trust for a stock company, as a whole, to the purport of the argument.

1) The KONEX Co., Ltd. (hereinafter “KON”) is limited to

(2) On June 29, 2007, one Asset Trust Co., Ltd. (hereinafter “one Asset Trust”) completed the registration of initial ownership on the instant building. (2) On June 28, 2007, one Asset Trust Co., Ltd. (hereinafter “one Asset Trust”) transferred the ownership of the instant building to the trustee, and the truster entered into a real estate security trust agreement including the fact that the trustee cannot lease the instant building without prior consent, and completed the registration of ownership transfer on June 29, 2007 due to the said trust agreement. The said trust agreement was attached to the application for registration and became the original trust register.

3 On May 14, 2009, NON leased the instant building to C by the Defendant’s mother, and in this regard, consent is obtained from one asset trust.

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