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(영문) 광주지방법원 2019.06.18 2018가단528488

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. The real estate indicated in the Attachment (hereinafter “instant real estate”) was owned by the deceased C (hereinafter “the deceased”). On June 19, 2018, the deceased died and jointly succeeded by his/her spouse D, his/her children E, F, and Defendant A.

B. The Defendant currently occupies the instant real estate.

[Ground of recognition] Evidence Nos. 2, 3, A4-1, 2, and 3-2, the whole purport of the pleading

2. Determination:

A. The defendant, who was living together with the deceased for a long time, has a right to receive compensation. Thus, the defendant cannot respond to the delivery of the real estate of this case. However, the above defense does not have a right to possess the real estate of this case, and there is no other evidence to prove that the defendant has a legitimate right to possess the real estate of this case.

B. Since the Plaintiff is one of the co-owners of the instant real estate, it is the act of preserving the instant real estate, which is jointly owned, and without a legitimate title, may request the Defendant possessing the instant real estate to deliver the instant real estate to the Plaintiff.

C. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.