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(영문) 서울서부지방법원 2020.08.21 2020가단205991
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. On September 1, 2017, D entered into a contract for construction work with E Co., Ltd. (hereinafter “E”) (hereinafter “instant construction contract”) with respect to new construction of a multi-household house as indicated in the attached Table (hereinafter “instant real estate”), and E completed the construction work of the instant real estate around July 2018.

B. Around July 2018, D applied for a “security loan of real estate trust beneficiary certificate” that provides the FF association with the instant real estate as security after it trusted the instant real estate as security, and the FF association requested a G appraisal company in accordance with the credit operating manual.

The above appraisal corporation shall conduct an appraisal and assessment of the instant real estate by July 24, 2018.

7. 25. After preparing an appraisal report, the appraisal report was sent to the F Association on July 26, 2018.

C. D completed the registration of initial ownership as the owner of the instant real estate on July 30, 2018. On August 3, 2018, the Plaintiff acquired the ownership of the instant real estate by concluding a real estate security trust agreement with the Plaintiff as the first beneficiary of the FF association regarding the Plaintiff and the instant real estate as the trustee, and completing the registration of transfer thereof.

The defendants occupy I (it is a building listed in the attached Table; hereinafter the same shall apply) out of the real estate of this case on the ground that they leased from H, the actual representative of E.

[Ground of recognition] No dispute, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the Defendants are obligated to deliver the instant housing to the Plaintiff upon the Plaintiff’s claim for the removal of interference based on the Plaintiff’s ownership, barring any other special circumstances.

B. Defendant B concluded a lease agreement on the instant housing with the lien holder of the instant housing as well as H who was delegated the right to use and profit from D, and thus, Defendant B cannot comply with the Plaintiff’s claim.

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