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(영문) 부산지방법원 2016.05.26 2015가단225758
건물명도
Text

1. The Plaintiff:

A. The development of the alternative safety environment for Defendant corporation is each real estate listed in [Attachment 1-6].

Reasons

1. The following facts may be found either in dispute between the parties, or in Gap evidence Nos. 1-8, 13, 14 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1-14, or in the video of Eul evidence No. 1-14, based on the overall purport of the pleadings.

On June 1, 2006, a comprehensive construction company for movable property (hereinafter “comprehensive construction for movable property”) completed the registration of ownership transfer based on sale and purchase of each real estate listed in [Attachment 1-6] listed in [Attachment 1-6] on June 1, 2006 (hereinafter “each real estate of this case”), and completed the registration of ownership transfer based on a trust agreement in Coco Asset Trust Co., Ltd. on the same day.

B. On May 19, 2014, the Cocco asset trust completed the registration of ownership transfer based on sale and purchase of each of the instant real estate to the Simmck Co., Ltd., but on May 21, 2014, the Simck concluded a security trust agreement with the Plaintiff on May 21, 2014, and completed the registration of ownership transfer based on the same date to the Plaintiff on the same day.

C. On the other hand, on October 12, 2006, the comprehensive movable construction concluded a contract for the construction of a new building to construct an apartment on the site of approximately KRW 5,160 (hereinafter “instant construction”) by setting the price of KRW 3,90,000 (excluding value-added tax) for the period from October 12, 2006 to December 31, 2006.

On February 28, 2007, Korea Ginseng Institute transferred all the rights, including the claim for the price of the instant construction, to Defendant A, and Defendant A transferred all the rights to the instant construction work again on October 30, 2009, Defendant A transferred all the rights to the instant construction work.

E. The Defendant Grand Safety Environment Development occupies and manages each of the instant real estate, and the Defendant A, who is its employee, is below the part of the building indicated in the attached Table 6 among each of the instant real estate.

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