건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The fact that the plaintiff completed the registration of ownership transfer concerning the real estate of this case on December 30, 1996, and the fact that the defendant currently occupies the real estate of this case may not be disputed between the parties, or may be recognized by considering the whole purport of the pleadings as a whole in the statement of evidence No. 1.
Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff according to the presumed owner of the instant real estate upon the Plaintiff’s claim for exclusion of disturbance.
2. The defendant's assertion regarding the defendant's assertion is that the plaintiff and the defendant jointly acquired the property in the name of the plaintiff at the time of marriage and the defendant filed a claim for a division of property against the plaintiff's property. Since the plaintiff's claim cannot be complied with until the judgment becomes final and conclusive, in full view of the whole purport of the pleadings as to the above evidence Nos. 4, 4, and 1 through 3, the plaintiff and the defendant established a judicial divorce. After the defendant filed a claim for a division of property against the plaintiff on March 4, 2013 as Suwon District Court 2013-Ma510 on the ground of division of property with respect to 2/3 shares of the real estate in this case, the defendant was dismissed on November 1, 2013, and the defendant appealed against the above court of appeal, but the plaintiff's allegation that "the real estate in the name of each party is 14,000,000 won with the division of property, the plaintiff's reappeal is not accepted."
3. The plaintiff's claim is justified.