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(영문) 광주지방법원 2020.10.20 2019가단531818
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The defendant shall make an indication of the attached real estate to the plaintiff succeeding intervenor.

Reasons

1. On October 12, 1992, F(6/10 of equity), G (3/10 of equity), and H (1/10 of equity) completed the registration of ownership transfer for the entire building including the instant real estate.

On May 18, 2018, F and H completed the registration of transfer of each share ownership on November 16, 2018 on the grounds of sale and purchase in G, May 17, 2018, and on November 16, 2018.

Since then, the registration of ownership transfer was completed on the whole building including the instant real estate as listed below.

On November 16, 2018, a registered titleholder who caused the date of receipt, on November 16, 2018, the registered titleholder 1: (a) on June 25, 2019, the trust J Co., Ltd., Ltd., on June 25, 2019; (b) on April 26, 2019, the trust property reverted to the trust property on June 25, 2019, and (c) on April 25, 2019, the Plaintiff’s successor to the sale and purchase on June 25, 2019; (b) on June 25, 2019, Plaintiff 5, the trust on August 21, 2019; and (c) on August 21, 2019, including Plaintiff Intervenor Nonparty 6, who succeeded to the trust property on August 21, 2019, Plaintiff 201 through Plaintiff Byung evidence No. 3421, Jun. 24, 2019>

2. The Plaintiff’s judgment on the Plaintiff’s request for extradition of the instant real estate is seeking to deliver the instant real estate on the basis of ownership. However, according to the above basic facts, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Plaintiff’s succeeding Intervenor on June 24, 2020, and lost its ownership. Therefore, the Plaintiff’s claim for this portion is without merit

3. Determination as to the claim for extradition of the instant real estate by the Plaintiff’s succeeding intervenor

A. The defendant's assertion by the plaintiff succeeding intervenor is obligated to deliver the real estate of this case to the plaintiff succeeding intervenor, the owner of the real estate of this case.

Although the defendant asserts to the effect that the lease contract on the real estate of this case exists and the right to possess exists, the above lease contract has no effect for the following reasons.

1 The term of lease between defendant and F is until May 16, 2020.

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