건물명도
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 29, 1983, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).
B. The Plaintiff and Defendant C were the same as she had been living together with the Plaintiff in the instant real estate before the Plaintiff left the Republic of Korea in around 1987.
Defendant C continued to reside in the instant real estate before the Plaintiff left school and returned to the Republic of Korea in 1993, and among them, D, a different form of punishment, had been living in the instant real estate together with Defendant C.
C. The Plaintiff returned to Korea around 1993 and returned again to reside with Defendant C in the instant real estate, and had the director obtained official residence at the workplace around the end of 1995.
Defendant C had been living in the real estate of this case later, and had been married with Defendant B around November 197, Defendant C, together with Defendant B, has been residing until the date of closing of argument of this case.
In around 2006, the Plaintiff filed an application for the conciliation against the Defendants for the delivery of the instant real estate, and argued that the Defendants were to reside in the instant real estate owned by the Plaintiff on the ground that the Defendants had no money to seek a house because of economic difficulties. However, since around 2003, Defendant B continued to use the instant real estate free of charge since it had been engaged in economic activities as an attorney-at-law, the Plaintiff’s claim that the said real estate should be terminated a loan agreement and sought its delivery.
The defendants asserted that the real estate of this case was donated by E in around 2000, because they purchased the real estate of this case for the residence of children who are the father of the plaintiff and the defendant C, who are the father of the plaintiff and were attending the university in Seoul, and only the title was entrusted to the plaintiff.
E. The above application for conciliation was filed after the Seoul Central District Court 2006Kadan293140, and the following sequences and contents were pending on March 9, 2007.