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(영문) 부산지방법원 2016.08.25 2015가단216457
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant’s KRW 3,180,000 and January 2, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. A. Since 2003, C did not pay global income tax, etc., taxes were in arrears.

C newly constructed the real estate listed in the attached list (hereinafter referred to as "the real estate of this case") and thereafter registered the title trust in the D future to be exempted from the compulsory execution based on the delinquent tax amount.

D has completed on May 17, 2004 registration of ownership preservation on the real estate of this case.

B. Since the title trust agreement between C and D with respect to the instant real estate is null and void, the Republic of Korea (Seosan Tax Office) sought a transfer of ownership on the instant real estate on the ground of the recovery of real name, since the title trust agreement with C and D regarding the instant real estate was null and void.

On August 28, 2013, the court decided C to implement the procedure for ownership transfer registration on the instant real estate due to the restoration of real name, and the above judgment became final and conclusive.

(Dasan District Court 2013Gahap42956). Based on the above judgment, on February 5, 2014, the registration of ownership transfer was completed in C in relation to the real estate of this case, and Korea completed the attachment registration of the real estate of this case on the same day.

C. As C fails to pay the delinquent tax, the Korea Asset Management Corporation issued a public auction notification on September 11, 2014 and proceeds from the public auction procedure with respect to the instant real estate.

On January 8, 2015, the Plaintiff acquired the instant real estate through public sale and completed the registration of ownership transfer on the same day.

The Defendant occupies and uses the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, fact-finding results to the Korea Electric Power Corporation and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, the defendant who occupies and uses the instant real estate, barring special circumstances, shall deliver the instant real estate to the plaintiff who is the owner of the instant real estate, and the amount equivalent to the rent due to the possession and use of the instant real estate.

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