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(영문) 광주지방법원 2015.02.04 2014가단509953
건물명도
Text

1. The Defendants deliver buildings listed in the separate sheet to the Plaintiffs.

2. The Defendants’ respective Plaintiffs on January 2014.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiffs are buildings listed in the separate sheet (hereinafter “instant apartment”) on January 23, 2014.

(2) The Defendants are occupying the apartment of this case while residing in the apartment of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1

B. According to the above facts of recognition, the defendants, the possessor of the apartment in this case, are obligated to deliver the apartment in this case to the plaintiffs presumed to be co-owner of the apartment in this case, barring any special circumstances. The defendants are obligated to return the above apartment in this case's possession of the apartment in this case, thereby gaining profit equivalent to the above apartment's usage profit and thereby making losses equivalent to the above amount to the plaintiffs.

2. Judgment on the defendants' assertion

A. The summary of the assertion on title trust 1) The defendants alleged that the plaintiffs are not the actual owner if they received the title trust from G literature, and the fact is that the plaintiffs received the title trust from H, not from the above door, and the registration of ownership transfer in the plaintiffs' name is null and void because it is in violation of the Act on the Registration of Real Estate under Actual Titleholder's Name. Thus, the plaintiffs cannot respond to the plaintiff's claim under the premise that they are the owner of the apartment of this case. 2) As to the argument that the plaintiffs cannot make the claim of this case because they are not the actual owner of the apartment of this case, first of all, the judgment is that they are the owner of the apartment of this case, the trustee is the owner of the title trust, and the claim for the exclusion of the infringement on the title trust property can be made only by the external owner of the title trust, and therefore, the truster can seek the exclusion against the infringement on his behalf of the trustee.

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