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(영문) 대전지방법원천안지원 2017.06.02 2016가합102675

부동산 인도 청구의 소

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1. The defendant

A. Each real estate listed in the [Attachment A] List of Real Estates:

B. Attached 4.0 to Plaintiff D

Reasons

1. Determination as to the claim

A. The plaintiff A and D, as to the claim for extradition of each real estate listed in the separate sheet of "Real Estate List" (hereinafter "Real Estate List No. 1") and the separate sheet No. 1 through 4 of "Real Estate List No. 4" (hereinafter "Real Estate No. 2 of this case"), are owned by the plaintiff A, and the Real Estate No. 2 of this case is owned by the plaintiff D, and the defendant claims that the real Estate No. 1 and 2 of this case occupy the Real Estate without any title. The defendant does not clearly dispute the above assertion, and therefore, it is deemed that the defendant led to confession.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff A and the plaintiff D the second real estate of this case.

B. As to the request for extradition of each real estate listed in the list of real estate listed in [Attachment 2 and 3 [Attachment 4] and each real estate listed in [Attachment 4] No. 5 and 6 annexed to [Attachment 4] list, the plaintiffs own 3/11 shares among the real estate of this case, 3/11 shares among the plaintiffs and the defendant, and 2/11 shares, respectively. The defendant occupies and uses the third real estate of this case independently. The plaintiffs can determine matters concerning the management of the third real estate of this case, which is the co-ownership of the third real estate of this case, as co-ownership of the majority, and the plaintiffs claim that the plaintiffs passed a resolution to manage the third real estate of this case while occupying the third real estate of this case. The defendant does not clearly dispute the facts of the above assertion. Thus, it shall be deemed a confession.

Therefore, the defendant is obligated to deliver the third real estate of this case to the plaintiffs.

2. In conclusion, the plaintiffs' claims shall be accepted on the grounds of all the reasons, and it is so decided as per Disposition.