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(영문) 수원지방법원안양지원 2016.03.31 2014가단114280
건물명도
Text

1. The Defendants jointly do so to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

B. From September 25, 2014 to September 2015

Reasons

1. Basic facts

A. On September 25, 2014, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff, i.e., the Plaintiff, for the sale of real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of August 25, 2014.

B. The instant real estate was completed on April 26, 2013, the maximum debt amount of KRW 180,000,000,000, the debtor D, and the collateral security holders No. 1,000,000,000,000,000,000 won, and the establishment registration of a collateral security (hereinafter “the establishment registration of a collateral security holders No. 1”) was revoked on September 25, 2014. The Plaintiff completed the establishment registration of a collateral security (hereinafter “the establishment registration of a collateral security”). On the same day, the establishment registration of a collateral security (hereinafter “the creation of a collateral security”) of the instant real estate was revoked.

C. Defendant C entered into a loan agreement with D for use on the instant real estate, and from March 29, 2014, Defendant C residing in the said real estate with Defendant B, his spouse, without compensation.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including evidence attached with a serial number), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff purchased the instant real estate from D on August 25, 2014 with the purchase price of KRW 2550 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer. Since the Defendants occupied and used the said real estate without any title in relation to the Plaintiff, the Plaintiff sought against the Defendants as an exercise of a claim for exclusion of disturbance based on ownership, and sought return of unjust enrichment equivalent to the rent from the Defendants’ possession and use of the said real estate.

3. Where a transfer registration of ownership has been completed with respect to a piece of real estate on the market, not only the third party but also the former owner is entitled to legitimate grounds for registration.

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