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(영문) 인천지방법원부천지원 2019.01.31 2018가단116783

건물명도(인도)

Text

1. The Defendants shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached list.

2. The costs of lawsuit shall be individually counted.

Reasons

1. The facts of recognition are as follows: (a) on January 13, 2015, the deceased F (hereinafter “the deceased”) leased the real estate listed in the separate sheet (hereinafter “the instant real estate”) from the Korea Land and Housing Corporation on January 13, 2015, and paid KRW 14,318,00 as the lease deposit to the Korea Land and Housing Corporation; (b) on March 27, 2015, the deceased transferred the right to return the lease deposit to the Plaintiff to the Korea Land and Housing Corporation; (c) on March 31, 2015, the deceased notified the Korea Land and Housing Corporation of the transfer of the claim; and (d) on March 31, 2015, the deceased’s interest at KRW 14,30,000 per annum; and (d) on March 31, 2019, the Plaintiff borrowed the loan from the Plaintiff on March 31, 2019; and (d) the Defendants agreed to have the deceased’s interest to be transferred to the deceased’s Korea Land and Housing Corporation after the death.

2. According to the above facts of determination as to the cause of the claim and the cause of the claim, the deceased lost the interest on the loan to the plaintiff and thus, the defendants, the inheritor of the deceased, pursuant to the agreement with the plaintiff, have the duty to deliver the real estate of this case to the Korea Land and Housing Corporation. 2) The defendant C's assertion and judgment purport that the qualified acceptance is judged by the court regarding the deceased's inheritance, and thus it cannot be complied with the plaintiff's claim. However, the qualified acceptance system separates the inherited property and proprietary property of the inheritor who made the qualified acceptance from the inherited property and proprietary property to the extent of inherited property, and in this case, the defendant C is an inherited property.