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(영문) 서울중앙지방법원 2013.02.07 2012가합13083
건물명도 등
Text

1. For the plaintiffs:

A. The remaining Defendants except Defendant L are listed in the attached Table 1 list, and the attached Table 2.

Reasons

1. Facts of recognition;

A. On April 3, 2008, Plaintiff A purchased 55/100 of the buildings listed in the attached Table 1 list (hereinafter “instant building”) from N, and on September 28, 2010, the Seoul Central District Court issued a provisional disposition order prohibiting the sale, gift, lease on a deposit basis, mortgage, right of lease, and all other disposal actions with respect to N’s share as the preserved right by taking the right to claim the registration of transfer of ownership due to the said sale as the preserved right.

B. On September 30, 2010, the entrustment of the registration of provisional disposition pursuant to the above provisional disposition. The registration of preservation of ownership in the Plaintiff’s name relating to the portion of 45/100 among the instant building and the registration of preservation of ownership in the name of N relating to the portion of 5/100 was completed, respectively. On the same day, the provisional disposition registration in the Plaintiff’s name was completed in accordance with the above provisional disposition order (hereinafter “the provisional disposition registration in this case”).

C. On January 31, 2012, Plaintiff A completed the registration of ownership transfer for reasons of sale on April 3, 2008 with respect to the above 55/100 of the instant building.

The Defendants possess each of the corresponding parts indicated in the attached Form 2 “Possession” column of the instant building from before the Plaintiff A acquired the ownership of the instant building to the date of the closing of argument.

(However, Defendant C and D jointly occupy 101 of the instant building, Defendant I and J jointly occupy 508 of the instant building).

From August 23, 2012 to November 30, 2012, rent of KRW 762,00 per month among the instant buildings; KRW 358,00 per month for the rent of KRW 201; KRW 406,00 per month for the rent of KRW 306,00 for the rent of KRW 307; KRW 545,00 per month for the rent of KRW 705; KRW 306,00 for the rent of KRW 507 for the rent of KRW 306,00 for the rent of KRW 508; KRW 830,00 per month for the rent of KRW 508; KRW 306,00 for the rent of KRW 830,00 for the rent of KRW 706 for the rent of KRW 30,00 for the month of KRW 300 for the rent of KRW 300 for the rent of KRW 300,00 for August 30-7.

【Defendant E, F, and H: deemed confessions (Article 150(3) of the Civil Procedure Act); Defendant E, F, and H: The remainder of the Defendants except for Defendant E, F, and H: the absence of any dispute, and the evidence No. 1.

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