건물명도 등
1. The plaintiff's main claim is dismissed.
2. The Defendants shall leave from the building indicated in the attached list No. 2.
3. The plaintiff.
1. Facts of recognition;
A. The Plaintiff completed the registration of transfer of ownership on July 22, 1980 with respect to the registration of transfer of ownership and the registration of transfer of ownership with respect to the land of 89 square meters and F 357 square meters which was received on June 29, 1985 by Suwon District Court Seosung-si, the registration of transfer of ownership and the registration of transfer of ownership on July 22, 1980 with respect to the land of 3,743 square meters (hereinafter the above three parcels are combined with “instant land”).
B. The Defendants are the children of He, who are the Plaintiff’s birth, and are the inheritors of H.
C. The network H resided in from the late 1960s in the building that is an unauthorized building located on the Icheon Ground of the instant land and in the ethic City of Ma, from the late 1960s, and died recently. The Defendants currently occupied the instant building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, Gap evidence 1-2, Gap evidence 6, the result of the survey and appraisal by this court, the purport of the whole pleadings
2. As to the Plaintiff’s primary claim, the Plaintiff leased the North-dong part of the instant land to J and resided in the instant building, and the Plaintiff took 20,808 won each month from the date following the delivery date of the instant building to the delivery date of the instant building, and the Plaintiff purchased the instant building from J with 20 rice and made it possible for Ha who is a Madern Ha to reside only in the instant building for a few years. As to the Plaintiff’s primary claim, the Plaintiff’s loan relationship with H was established without compensation. The Plaintiff asserted that the loan relationship with H was terminated, and primarily, against the Defendants, sought payment of unjust enrichment of KRW 20,808 per month from the date of delivery of the instant building and delivery of a copy of the instant complaint to the delivery date of the instant building.
Therefore, as to whether the above-mentioned loan relation to the building between the Plaintiff and the Defendants and the Plaintiff’s father H was established, it is not enough to recognize the above loan relation only with the statement of the Health Team, Gap’s evidence Nos. 7 through 10, and 13 (including each number), and the witness K’s testimony.