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(영문) 수원지방법원성남지원 2016.08.24 2016가단209954

건물인도

Text

1. The Defendants shall leave the Plaintiff from the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B are siblings, and Defendant C and D are children of Defendant B.

The plaintiff completed the registration of ownership transfer on January 13, 1992 with respect to the real estate listed in the attached list (hereinafter “the apartment of this case”).

B. From January 2013, the Plaintiff and his wife resided in the instant apartment with their mother, E, and the Defendants requested the Plaintiff to reside in the instant apartment. The Plaintiff consented thereto, and the Defendants reside in the instant apartment from June 12, 2013.

C. On December 30, 2013, E filed a provisional injunction against the Plaintiff on the instant apartment by Sungwon District Court Branching Sungnam Branching 2013Kadan60276, and this court rendered a provisional injunction on January 14, 2014.

E, on March 3, 2014, filed a lawsuit against the Plaintiff claiming that the instant apartment was held in title in the name of the Plaintiff and that the instant apartment was terminated, and that the Plaintiff, as the head of Suwon District Court, Sungwon-nam Branch Branch, 2014Kadan6854, and that the Plaintiff had unjust enrichment in the instant apartment, and that the conjunctively filed a lawsuit claiming the implementation of the procedure for the registration of ownership transfer concerning the instant apartment, and this court rendered a judgment dismissing all claims of E on September 16, 2014

E appealed as Suwon District Court 2014Na37702, but the above court rendered a judgment dismissing the appeal on July 16, 2015, and the appeal of E was dismissed, and the above judgment became final and conclusive. D.

E filed a lawsuit against the plaintiff on June 27, 2016 under the Eastern District Court 2016Gahap105242 against the plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Gap's evidence 17 (including branch numbers), and the purport of whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the Plaintiff and the Defendants agreed to grant a loan for use of the instant apartment around June 2013.

According to Article 613(2) of the Civil Code, it is.