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(영문) 부산지방법원동부지원 2016.11.23 2015가단208278
건물명도
Text

1. The plaintiff

A. Defendant A’s real estate listed in Appendix 1;

B. Defendant C’s real estate listed in Appendix 3,

(c) the defendant.

Reasons

1. Facts of recognition;

A. On July 1, 2014, the registration of ownership transfer in the name of the trustee K non-real estate trust company was completed on the same day with respect to each of the real estate listed in the separate sheet, and the registration of ownership transfer in the name of the trustee was completed on the same day. On June 18, 2015, the registration of ownership transfer in the name of the trustee was completed on the same day.

B. Defendant A’s real estate indicated in Appendix 1; Defendant C’s real estate listed in Appendix 3; Defendant D’s real estate listed in Appendix 4; Defendant A’s real estate listed in Appendix 5; Defendant G’s real estate listed in Appendix 7; and Defendant H’s real estate listed in Appendix 8, respectively.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to 8

2. As to Defendant A, C, D, E, G, and H

A. According to the above facts of determination as to the cause of the claim, the Defendants, who possess each of the pertinent real estate listed in the separate sheet, have the duty to deliver it to the Plaintiff as their owner.

B. Defendant C, D, and G’s assertion is asserted to the effect that the Defendants leased each of the instant real estate owned by the former owners of the instant real estate, and thus, were entitled to possess the pertinent real estate. However, I purchased each of the instant real estate and concluded a trust agreement with the K non-Real Estate Trust Co., Ltd. and transferred its ownership to the K non-Real Estate Trust Co., Ltd. on the same day when the registration of ownership transfer was completed, so the Defendants’ assertion cannot be asserted against the Plaintiff, the truster, as the owner of each of the instant real estate, solely on the ground that he leased the pertinent real estate from the former

C. As to Defendant H’s assertion, Defendant H claimed that, around June 20, 2014, Defendant H leased the real estate indicated in Appendix 8 from I, but delayed the move-in report.

However, around June 20, 2014, Defendant H is listed in Appendix 8 from I.

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