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(영문) 부산지방법원동부지원 2016.11.02 2016가단7816
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the name of the Plaintiff on September 21, 1976 with respect to the area of 175 square meters in Busan Nam-gu, Busan. The registration of ownership transfer was completed on April 20, 2006 under the name of the Korea Asset Trust Co., Ltd. for the purpose of the housing construction project on the grounds of sale on April 20, 2006, under the name of the trustee, Korea Asset Trust Co., Ltd. for the purpose of the trust on April 20, 2006, under the name of the trustee due to the trust on August 28, 2012, under the name of same-sex Development Co., Ltd. and DS Integrated Construction Co., Ltd. for the reason of sale on August 28, 2015, and

B. Around April 2008, the Defendant entered into a lease agreement with the Plaintiff, the deposit money of KRW 3 million, and the monthly rent of KRW 200,000,000, registered as the owner on the building management ledger with respect to the attached housing entered in the unregistered status (hereinafter “instant housing”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 5, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff was the owner and the lessor of the instant house, and notified the Defendant of the termination of the lease agreement lawfully in accordance with the special agreement stipulated in the lease agreement.

Therefore, the Defendant is obligated to deliver the instant house to the Plaintiff.

B. In full view of the purport of the entire pleadings in the statement No. 2 of the judgment, the Plaintiff may not claim for the delivery of the instant house to the Defendant, on April 15, 2016, since it is acknowledged that the Plaintiff transferred the right to claim the delivery of the instant house to the Defendant and notified the Defendant of the transfer.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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