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(영문) 창원지방법원 2021.01.14 2020가단107585
건물명도 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 9, 2017, E Co., Ltd. (hereinafter “Non-Party Company”) completed the registration for the preservation of ownership on the real estate No. 1 (hereinafter “instant real estate F”) and the real estate No. 2 (hereinafter “instant real estate G”) indicated in the separate sheet indicated in the separate sheet (hereinafter “instant real estate G”), as indicated in the separate sheet. (b) On November 8, 2017, each of the instant real estate F subparagraph and subparagraph (G) was registered under the Plaintiff’s name as of November 1, 2017 under the name of the trust company (hereinafter “each of the instant real estate transfer”) and each of the instant real estate No. 1 (hereinafter “the ownership of each of the instant real estate transfer”) was transferred on the grounds of sale and purchase, and the ownership of the trust property was transferred on July 27, 2017 under the name of the trust company (hereinafter “Plaintiff, etc.”) for each of the following reasons:

[Grounds for Recognition] Unsatisfy, each entry of Gap (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. On November 8, 2017, the Plaintiff was the owner who acquired the instant real estate F & G from the Nonparty Company as a substitute repayment. Defendant C has occupied and used the instant real estate F and the instant real estate G without any legitimate title from November 8, 2017, without any legitimate title.

Therefore, Defendant C is obligated to deliver the instant real estate G to the Plaintiff, and Defendant D is obligated to return unjust gains from possession and use from November 8, 2017 to the completion date of delivery of each of the said real estate.

B. The Defendants’ Real Estate F heading and G are owned by Nonparty Company.

As the non-party company was unable to obtain loans as security under the name of the non-party company, the name of the real estate F, G, etc., in collusion with the Plaintiff, only the name of the real estate F, G, etc. of this case.

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