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(영문) 인천지방법원 2014.11.26 2014가단22986
건물명도등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged in full view of the statements in Gap evidence 1-1, 2, and 1-2 and the purport of the entire pleadings as a result of the verification by this Court, unless there is a dispute between the parties or in full view of the following facts.

A. On the ground of the Nam-gu Incheon Metropolitan City D, a building consisting of “fourth floor, second floor underground, and rooftop” (hereinafter “instant building”). The title section of the entire certificate of registered matters (hereinafter “real estate registration register”) is registered as “472.8 square meters on the underground floor”, and the underground second floor is registered as “163.51 square meters on the underground floor”.

B. The registration of ownership transfer was completed in the name of E as of April 28, 2003 by the Incheon District Court No. 48345 on April 28, 2003 with respect to “the first floor of the instant building,” registered as “the first floor of the basement 472.8 square meters” in the title section of the real estate registry, and the registration of ownership transfer was completed in the name of the Plaintiff as of June 10, 2010 by the Incheon District Court No. 5109 on June

C. The registration of ownership transfer was completed in the name of the Defendant C under the receipt of No. 15128 on November 8, 1996 as to “the second basement floor of the instant building,” registered as “the second floor of the basement 163.51 square meters” in the title section of the real estate register.

The underground floor of the instant building is comprised of stores with the trade name “F” (hereinafter “instant F stores”) that Defendant C leased to Defendant B and operated by Defendant B, stores (hereinafter “instant G stores”), including the part to be used as a warehouse (hereinafter “instant apartment”), and stores that the Plaintiff leased and operated as entertainment taverns with the trade name “H” (hereinafter “instant H stores”).

2. “The underground first floor of the instant building,” registered as “472.8 square meters on the ground floor” in the title section of the Plaintiff’s alleged real estate registry, is purchased from E, and under the name of the Plaintiff.

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