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(영문) 서울서부지방법원 2016.10.14 2015가단40831
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 16, 2016, the above buildings are located.

Reasons

1. Basic facts

A. On January 26, 2015, the Plaintiff completed the registration of ownership transfer for 27/46 shares among the buildings listed in the separate sheet (hereinafter “instant building”) due to sale as of June 20, 207, and completed the registration of ownership transfer for 18/46 shares on December 4, 2015, and completed the registration of ownership transfer for the remainder of 1/46 shares on January 15, 2016.

B. On June 21, 2013, the Defendant made a move-in report and occupied and used the instant building.

C. The amount equivalent to the rent after December 15, 2015 is KRW 1,04,00 per month in the absence of deposit for the instant building.

[Ground for Recognition: Facts without dispute, Gap's 1, 2, 4, 5, 8, appraiser C's appraisal, and purport of whole pleadings]

2. Judgment on the parties’ assertion

A. The plaintiff's assertion that the building of this case is illegally occupied and used without a legitimate title. Thus, the plaintiff's claim for the delivery of the building of this case. The plaintiff's claim for the return of the amount equivalent to the rent from

B. The Defendant’s assertion is a person residing in the instant building in difficult circumstances from January 201 to March 201, after concluding a sales contract with Saturdays Co., Ltd. as of September 18, 2009 and paying the sales price.

The plaintiff was an officer of the Si Corporation, and the plaintiff made a pre-sale promise as of June 20, 2007, and thus the plaintiff's ownership constitutes a false representation or a fraudulent act, and thus, the plaintiff's right to request extradition is not recognized.

Even if the plaintiff's claim is accepted, there are necessary expenses and beneficial expenses, such as paying for the human life expenses of several million won in the process of moving in, and thus, there is the right to possess and detain the building of this case by the right of recourse.

C. According to the above facts of recognition, the defendant delivered the building of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances, and the ownership is claimed by the plaintiff.

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