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Reasons
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(영문) 대전지방법원 2016.11.22 2016가단5471
건물인도 등
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1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The KPD Co., Ltd. (hereinafter “KPD”) completed the registration of ownership transfer on June 4, 2007 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of the attribution of trust property, and completed the registration of ownership transfer on June 4, 2007 to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the ground of trust on June 4, 2007.

B. The Korea Land Trust sold the instant real estate to the Plaintiff on November 19, 2015, and the Plaintiff completed the registration of ownership transfer on December 30, 2015.

C. On February 2012, the Defendant: (a) concluded a lease contract with EPD Co., Ltd. (the trade name prior to the change on January 24, 2008, hereinafter “EPD”); and (b) concluded a move-in report with the delivery of the instant real estate; and (c) obtained a fixed date, and (d) occupied the instant building.

【Reasons for Recognition】 Each entry in Gap's evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Korea Land Trust, the trustee of the instant real estate, has the authority to dispose of the instant real estate, and there is no authority to dispose of the housing construction, which is the truster. Therefore, the Defendant, who entered into a lease agreement with the housing construction without the authority to dispose of the real estate, cannot oppose the Plaintiff, the owner.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. The Defendant asserts that the Party, a truster, entered into a lease contract with the consent of the Korea Land Trust and Nonghyup Bank Co., Ltd., the first beneficiary (hereinafter “CF Bank”).

However, it is not sufficient to recognize the defendant's assertion only with the descriptions of Eul evidence 1 and Eul evidence 2-1 to 4, and there is no other evidence to prove otherwise.

Rather, Korea's land trust and Nonghyup Bank are related to Korea.

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