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(영문) 인천지방법원 2020.01.10 2019가단256685

건물명도(인도)

Text

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

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

3...

Reasons

1. Recognizing the same facts as the entry of the grounds for the claim and the amended list of the grounds for the claim

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination:

A. According to the above facts in determining the cause of the claim, the Defendant, as the possessor of the instant real estate, has the duty to deliver the instant real estate to the Plaintiff, the owner, unless there are special circumstances.

B. The defendant's assertion asserts that the defendant cannot respond to the plaintiff's claim before receiving the refund of the lease deposit from the plaintiff as a joint lessee with the husband C as to the real estate of this case with the husband.

However, the tenant of the lease contract on the real estate of this case is only C's signature and seal.

Among these, the evidence submitted by the defendant alone is insufficient to recognize that the defendant is a joint lessee with C as to the real estate of this case, and there is no other evidence to acknowledge it.

The defendant's assertion is not accepted.

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.